Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No one shall indicate or advertise that foods, etc. have efficacy or effect in the prevention and treatment of diseases, or that such foods, etc. are likely to mislead or confuse them as medicine or health functional foods with regard to the labels of food traceability, such as names, manufacturing methods, quality or nutrition labelling, or genetically modified foods.

From October 20, 2014 to December 29, 2014, the Defendant placed an advertisement to the effect that “D”, which is a food manufactured by mixing hydrogen, Doz, and exhaust with that of Defendant’s operation, is “D,” which is a food manufactured by Defendant’s operation, through the Defendant’s management company E. From around the point of time to December 29, 2014, the Defendant sold approximately KRW 80 million in total by selling approximately 80 copies of “D” during the said period, and sold approximately KRW 8 million in total ( KRW 98,00 per copy).

As a result, the Defendant indicated or advertised food that there is efficacy or effect in preventing and treating diseases, or that there is possibility of misconception or confusion as medicine or functional health foods.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to attachment of records by the Busan Regional Food and Drug Administration);

1. Application of Acts and subordinate statutes to request investigations of violations of the Food Sanitation Act;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 94 (1) 2-2 and 13 (1) 1 of the Food Sanitation Act;

1. Articles 70 (1) 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;