Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Punishment of the crime

No one shall indicate or advertise that the name, manufacturing method, quality or nutrition labelling of foods, etc., genetically modified foods, etc., or food traceability labeling or advertising with the content that such foods, etc. have efficacy or effect in preventing and treating diseases, or that such foods, etc. are likely to be mistaken for or confused as medicine or health functional foods.

1. From August 5, 2013 to March 10, 2014, Defendant A sold 75 customers at each construction site, government office, and professional axis office, etc. located in Busan Metropolitan City Maritime Daegu C, with the phrase “Iscopic lux 2,” “Iscopic lux 31,680,000 won in total,” thereby making a false and exaggerated advertisement, such as selling “Iscopic lux 2” to D, and selling “Iscopic lux 2” to customers at each construction site, government office, and professional axis office, etc. located in Busan Metropolitan City.

2. 피고인 B 피고인은 2013. 11. 11.경 남해고속도로에 있는 불상의 휴게소에 정차하여 있는 관광버스 내에서 E에게 액상차인 ‘임실가시엉겅퀴’를 판매하면서 “관절염 억제, 혈행개선, 간의 독소 해독, 간세포 손상 보호에 효능이 있다”라고 말하여 허위ㆍ과대광고를 하는 등 2013. 10. 14.경부터 2014. 3. 10.경까지 부산, 경남에 있는 휴게소 및 도로가에 정차한 관광버스 안에서 고객 24명을 상대로 ‘임실가시엉겅퀴’ 27세트, 합계 8,046,000원을 판매하면서 위와 같이 허위ㆍ과대광고를 하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Each statement of F, G, H, I, J, and K;

1. Each investigation intelligence report;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Each of the Defendants is entitled to a fine under Articles 94(1)2 and 13(1)1 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); and each of them is entitled to a fine.