The prosecutor's appeal is dismissed.

1. An act of explaining and counseling to an individual consumer who is a food seller with the summary of the grounds for appeal on the contents that the defendant has efficacy or effect in preventing and treating diseases with respect to food, or that such act is likely to cause confusion as medicine or health functional food;

Therefore, the lower court erred by misapprehending the legal doctrine that acquitted the Defendant of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

(a) No person who is the summary of the facts charged of the instant case shall indicate or advertise that the nutrition of food has efficacy or effect in preventing and treating diseases, or that the relevant drug or health functional food might be mistaken for or confused with that of medicine or health functional food;

On April 2016, the Defendant, in D located in Daegu Suwon-gu C, could have the effect of improving physical strength, improving the number of pages, preventing brain stroke and dementia, promoting students' studies, and brain development until the age of 55 when he/she strokes a mountain field.

The advertisement was made as if it were to assist in the development of two brains for the first time for taking medicine, such as “......”

As a result, the Defendant indicated and advertised that the ingredients of food may have efficacy and effect on the prevention and treatment of diseases, or that they may be mistaken or confused as medicine or health functional foods.

B. The lower court’s determination 1) Article 94(1)2-2 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “Act”) provides that a person who violates Article 13(1) of the Act shall be punished. Article 13(1) of the Act provides that no person shall engage in any advertisement, etc. with any content that is likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse as medicine or health functional foods, and Article 13(2) of the Act provides that no person shall engage in false labelling, exaggerated advertisements, slander advertisements, and the scope of packaging and other necessary matters.