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[Defendant A] Imprisonment with prison labor for 10 months and fine for 5,000,000 won
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
1. No one shall make a false or exaggerated indication or advertisement with a content that is likely to have the efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse the Defendants as medicine.
Nevertheless, the Defendants: (a) provided a short-term loan to the large-scale female customers; (b) provided a right to exchange raw materials, such as rice, valleys, and cremation, and allowed the said customers to visit the building; and (c) provided a false and exaggerated advertisement to prevent and treat diseases, or to mislead and confuse them as medicine.
As a result, Defendant A, as the representative of the “G company, advertised that the Polol Lease product he sells to customers is good to health. Defendant C and Defendant D, as the chief sales officer, have sing and dancing music, has induced customers’ interest, brought about products to customers, and Defendant B, as accounting officer, decided to take charge of the duties such as price collection when customers purchase products.
From September 20, 2014 to October 24, 2014, Defendants sold 39 members, including I (71 years of age) from among customers visiting a building underground in Yongcheon-si in accordance with the aforementioned division of roles, and advertised that the total market price of KRW 37,44,00,000 (480,000 won per house) and KRW 37,000 (60,000 won per unit) of propool lease. The Defendants explained that “propool lease products will be able to prevent blood pressure and cancer, and there is a person who treats urine,” thereby advertising that customers are likely to be mistaken that have the effect of preventing and treating diseases or that it is a medicine.
2. A person who intends to sell a sole-hand functional health foods for Defendant A shall install a facility for each place of business and report it to the competent authority.
Nevertheless, the Defendant did so at the above date and place.