Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to engage in food sales business shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu by type of business or place of business, as prescribed by Presidential Decree, and no one shall indicate or advertise that the nutritional value, raw materials, ingredients, and uses of foods or food additives have efficacy or effect in preventing and treating diseases, or that there is a possibility of misconception or confusion as medicine or health functional foods

Nevertheless, at around July 5, 2014, the Defendants conspired to advertise processed food, such as fresh and fresh, as if they were functional health foods or medicine that have efficacy for the prevention and treatment of diseases, by advertising the products to the customers under several hundreds of customers and controlling overall business, Defendant C’s sales assistance role such as delivery of food, Defendant C’s encouragement of the purchase by singing and dancing, and Defendant D’s solicitation to sell such processed food, such as fresh and fresh, as if they were functional health foods or medicine that have efficacy for the prevention and treatment of diseases.

From the above date to July 28, 2014, the Defendants advertised that the freshing, which is a processed food, to an unspecified number of customers, had excellent efficacy in all pains, such as sediment, spathnitis, and the fresh, sold the product at KRW 258,00 per gambling, and advertised that the fresh, which is a processed food, had excellent efficacy in blood pressure and blood transfusion, and sold the product at KRW 730,00 per gambling.

As a result, the Defendants conspired to conduct food sales business without filing a business report, and made an advertisement that could mislead or confuse that the Defendants might have efficacy in preventing and treating diseases with respect to nutrition prices, raw materials, ingredients, and uses while selling general food.

Summary of Evidence

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