Defendants are not guilty.

1. Defendant A is the representative director of Geumcheon-gu Seoul Building C and Co., Ltd. on the seventh floor, and Defendant B is a corporation established for the purpose of manufacturing, selling, and exporting and importing health functional foods.

A. Defendant A, through an advertising agency on November 9, 2016, posted a letter as “F” on the Internet D Blobs (Wlobs: E) through an advertising agency on the same day, and used it as “F” when purchasing G, etc., leading people to the recent low price.

There is a high risk of rupture extinction before being delivered to domestic consumers because of the lack of proper compliance with the storage temperature of G same that is delivered overseas.

“The advertisement was made by emphasizing the contents directly related to the manufacturing method, quality, nutrients, raw materials, ingredients, or effects of the product in question, thereby misleading consumers, or causing misunderstanding or confusion, by making an advertisement indirectly different from the product of another business establishment.

B. Defendant B, at the same time, and at the same place as paragraph A. A, the representative of the Defendant, committed the same offense as Paragraph A.

2. Determination

A. According to the evidence submitted by the prosecution, it is recognized that Defendant A posted the same article as written in the facts charged on the Internet D block through an advertising agency.

With respect to such act of posting by Defendant A, the Prosecutor filed the instant prosecution in violation of Article 16(1)3 of the Health Functional Foods Act and Article 21 of the Enforcement Rule of the same Act [Attachment 5] 3 of the Enforcement Rule of the same Act.

B. Examining relevant regulations, any person shall indicate or advertise that the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and tracking and managing the history of functional health foods, which are likely to mislead, mislead, or confuse consumers.