Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

1. The Defendant violated the Functional Foods for Health Act concerning unreported business: (a) sold the mastren mountain, which is a functional health food, without reporting it to the Mayor from around October 30, 2012 to November 15, 2012; and (b) sold the mathren mountain, which is a functional health food.

2. The Defendant, who violated the Health Functional Foods Act on False and Exaggerated Labeling and Advertising, advertised the following contents: (a) from October 30, 2012 to November 15, 2012, the Defendant placed an advertisement with the effect and effect on the prevention and treatment of diseases on the following grounds: (b) the Defendant, as a health functional food seller; (c) sold the mastren acid, which is a health functional food, in Asia-si B from around October 30, 201 to around November 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Documentary evidence photographs;

1. Customer list;

1. Application of Acts and subordinate statutes to a report on the results of investigation of functional health foods;

1. Relevant Article on criminal facts, Article 4 Subparag. 1, Article 6(2) of the former Health Functional Foods Act (amended by Act No. 11508, Oct. 22, 2012); Article 44 Subparag. 4, and Article 18(1) of the former Health Functional Foods Act (amended by Act No. 11508, Oct. 22, 2012); the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Functional health foods that have been seized as to the claim for confiscation under Article 334(1) of the Criminal Procedure Act, are objects of business or advertisement, and it is difficult to view that they are objects of business or advertisement themselves.

In addition, it is difficult to see that seized yellow dust constitutes functional health foods.

The reason for sentencing is that the defendant has mistakenly recognized the defendant, there is no previous conviction in the same kind, the report of the business after the completion of the education for health functional foods, and other conditions for sentencing, such as the age, character, conduct and environment of the defendant.