Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Punishment of the crime

Any person who intends to sell functional health foods shall install facilities under statutes for each place of business and report to the Mayor of a Special Self-Governing City, a Special Self-Governing Province, or the head of a Si/Gun/Gu having jurisdiction over the location of the place of business

Nevertheless, the Defendants employed the employees of the functional health foods sales business in the name of “E” operated by D on the 2-3rd floor of the Busan metropolitan metropolitan building from Apr. 2015 to Sept. 18, 2015, and promoted shows performances, such as singing, dancing, recreation, etc. against the elderly, and sold 2,1560,000 won in total, and 2,1560,000 won in 1,2960,000 won in 1,2960,000 won in total, a functional health food for the improvement of blood cycle, to the elderly.

Accordingly, the Defendants did not make a report in collusion with D, but sold functional health foods.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Statement made by the police with regard to F;

1. Application of the preceding Acts and subordinate statutes to sales records, on-site photographs and recording records;

1. The Defendants: Article 44 Subparag. 1 and Article 6(2) of the Health Functional Foods Act and Article 30 of the Criminal Act (comprehensively, selection of fines) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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