Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is a person who operates a communications sales business under the trade name of "C" in Yeongdeungpo-gu Seoul Metropolitan Government.

No one shall indicate or advertise that the nutritional value, raw materials, ingredients, or uses of foods or additives have efficacy or effect in preventing and treating diseases, or that such labeling or advertisement may cause mistake or confusion as medicine or health functional foods.

Nevertheless, between August 31, 2016 and around August 31, 2016, the Defendant sold ‘welling household’ products on the Internet homepage (D) operated by the Defendant, and indicated and advertised the effect of the product as to the effect of the product, such as the promotion of immunity, resistant effect, reduction of physical area, reduction of salt/hyr cancer, prevention of urine and urine diseases, functionality published through a research paper on the effects of the product, such as “the use of so-called” as to the effect of the product, advertisement of the product, which is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse it as medicine or health functional food.

Summary of Evidence

1. A report for counter-investigation;

1. Commencement report of internal investigation:

1. Application of Acts and subordinate statutes on internal investigation reports (attached to replies to inquiries made by the Ministry of Food and Drug Safety);

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1)2-2, 13(1)1, and 13(1)1 of the Foods Sanitary Act, the choice of fines [it is true that general food has the efficacy of treating diseases, but it is recognized as a food only as a food under the Food Sanitation Act, unless it is approved as a medicine, the food subject to the regulation of the Food Sanitation Act is excluded from the medicine from the beginning in accordance with subparagraph 1 of Article 2. Thus, if an expression that is likely to cause confusion with the medicine is used in indicating or advertising the food, it is beyond the scope of the food as an indication or advertisement, and in itself, it is likely to cause harm to the consumer's health as a false indication or an exaggerated advertisement on the quality of the food.

8.2