Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who operates a car page called ‘B' on the Internet portal next website, ‘C' on the NA website.

No one shall place an indication or advertisement with respect to functional health foods, which has the efficacy or effect in preventing or treating diseases, or which is likely to mislead or confuse them as medicine.

Nevertheless, from October 15, 2012 to May 11, 2013, the Defendant placed an advertisement with the following content: “I, from around October 15, 2012 to around May 11, 2013, I would like to completely recover from urology, high blood pressure, and ZM-400 (one-day Nodu), a health functional food product with ZP-400 (one-day Nodu), the health functional food product, and the 2-6-month fundamental therapy. I then sold approximately KRW 35,546,050 to many unspecified people.”

Accordingly, the defendant made an indication or advertisement that is likely to cause mistake or confusion about the effect of preventing and treating diseases on functional health foods or drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A list of transactions in free savings;

1. Application of the statutes governing Internet car page advertising pictures and posts;

1. Article 44 subparagraph 4 of the relevant Act and Article 18 (1) 1 of the Health Functional Foods Act concerning criminal facts (or selection of fines, in general)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;