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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. No person who sells health functional foods in violation of the Health Functional Foods Act shall make false or exaggerated labeling or advertising about the efficacy or effect of the relevant health functional foods in the prevention and treatment of diseases, or about to mislead or confuse the foods as medicine;
Nevertheless, the Defendant, as a director of the “D home shopping” store, conspired with E, F, G, H, and I, who is the employees of the said “D home shopping,” and advertised that, from January 24, 2013 to February 19, 2013, from the third floor of the Seongbuk-gu Seoul Seongbuk-gu JJ building, aged women and the elderly living around the D Home shopping, to the third floor of the Seoul Seongbuk-gu, Seoul, as a private company, returned the advertising leaflets that the “D home shopping” provides them with taxation, antipath, straw, eggs, eggs, rice, and kitchen supplies, etc., and then, the Defendant collected the advertising leaflets that the “D home shopping”, which is a health functional food store, has the effect of treating gara, cry, and high blood pressure, and all of them sold 59,09,09,209,000 won and 3050,000 won and 70.50.
Accordingly, the defendant, in collusion with the above E, advertised that the sale of health functional foods would have an effect on the prevention and treatment of diseases, or mistake and confusion as medicine.
2. No person who sells food in violation of the Food Sanitation Act shall make a false or exaggerated indication or advertisement about the efficacy or effect in the prevention and treatment of diseases, or the likelihood of misunderstanding or confusion as medicine or functional health foods;
Nevertheless, the Defendant, as a director of the above "D Home Shopping", advertised that he in collusion with E, F, G, H, I, and K, from January 24, 2013 to March 26, 2013, the Defendant collected people in the above "D Home Shopping" in the manner referred to in the above paragraph (1) and advertised that red ginseng has special effects on the prevention of and exemption from various adult diseases" and both of them are 120,780.