A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

1. Any person who intends to sell health functional foods without reporting shall install a facility and report to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business;

Nevertheless, the Defendant, without filing a report from March 2015 to July 2015, sold health functional foods to 3 rangezers, such as “H” restaurant operated by the Defendant located in Gwangju Dong-gu, including functional health foods, e.g., e., E., X-Maine Pium.”

2. No person who makes a false or exaggerated advertisement shall indicate or advertise that the name, raw materials, nutrients, ingredients, etc. of health functional foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to cause confusion as medicine;

Nevertheless, from March 2015 to July 2015, the Defendant posted a leaflet on the efficacy of “Epine xine” “D” as functional health foods at the above D cafeteria from March 2015 to around July 2015, on which the Defendant placed an advertisement on the effect of restoring cells, improving the liquor, preventing aging, preventing acidation, increasing the number of cells, raising the number of cells, cardioscopics, cardioscopic relationship, cirical system, new boundary driving, improvement of brain diseases, brain decomposition, dyscopic effect, dyscopic regional decomposition, dyscopic effect, increase of physical temperature, blood cycle improvement, dyscopic effect, removal of dyscopic and painic effects.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. A criminal investigation report (the background leading up to the additional acknowledgement of a defendant);

1. Promotion complex;

1. Application of Acts and subordinate statutes to each photograph (a color, an advertisement sign affixed in D) by the accused on advertisements;

1. Articles 43(1)2 and 18(1)1 (a) of the relevant Act on Functional Foods for Health (a false or exaggerated advertisement of health functional foods) concerning criminal facts, and Articles 44 subparag. 1 and 6(2) (a) of the Health Functional Foods Act (a point of sale without reporting health functional foods).