Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who sells functional health foods with the trade name “C” from Suwon-si, Suwon-si B and fourth floor.

1. Any person who intends to sell functional health foods shall install facilities for each place of business and report such to the competent administrative agency, such as the head of a Si/Gun/Gu having jurisdiction over the location of the place of business;

Nevertheless, on October 27, 2012, the Defendant, from around 2012 to around 30 customers, without reporting to the competent authorities at the above location, sold approximately KRW 10 million to each 399,00,000, “SE-2, ST-5, and DermaS Tem sets”, which are functional health foods, until January 21, 2013, and run the functional health foods sales business by raising sales of approximately KRW 10,00,000.

2. No sales business entity of functional health foods shall indicate or advertise the efficacy or effect of a disease prevention or treatment, or any misleading or confusion as medicine;

Nevertheless, at around 14:00 on November 8, 2012, the Defendant advertised that “SE-2, ST-5, DermaSte sets” was sold to D at the above location, and that “if such products are taken, there is a natural therapy effect on all illness, such as stroke, stroke, stroke, stroke, stroke, and knife cancer,” and that “the health functional food concerned is likely to have efficacy and effect in preventing and treating diseases, or to mislead or confuse it as medicine.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The current status of each contract for purchase of goods, each advertising complex, each registration application sample, and each health food seller;

1. Each internal report (general) or verification and submission of a report on the sale of functional health foods;

1. Application of Acts and subordinate statutes governing field control photographs, health food sales products, and Internet advertisement;

1. Relevant Article on criminal facts, Articles 44 subparag. 1 and 6(2) of the former Health Functional Foods Act (Amended by Act No. 11690, Mar. 23, 2013); and the former Health Functional Foods Act (amended by Act No. 11690, Mar. 23, 2013).