The defendant shall be innocent.

1. The summary of the facts charged is a person who sells functional health foods in the name of "D" in Busan Jin-gu C and 2nd 53.

Any person who intends to sell functional health foods shall be equipped with facilities meeting the standards for each place of business and file a report thereon with the competent authority, as prescribed by the Ordinance of the Ministry of Health and Welfare.

Nevertheless, without reporting, the Defendant, from June 201 to October 15, 2012, from June 15, 2012, up to October 20, 15:20, kept two computers and one gambling room (9g x 96g) in a size equivalent to 220,000 won, and sold the functional health foods to unspecified customers through the above place and the Internet (F).

2. Article 6 (Reporting, etc. on Business) of the Health Functional Foods Act (Amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as the "Act") (2) Any person who intends to sell health functional foods under Article 4 (1) 3 of the Act shall be equipped with the facilities under Article 4 for each place of business and report thereon to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over the location of the place of business, as prescribed by Ordinance of the Ministry

Provided, That the same shall not apply where health functional foods are sold at pharmacies registered for establishment pursuant to Article 20 of the Pharmaceutical Affairs Act.

(3) Where any person who has reported under paragraphs (1) and (2) intends to discontinue his/her business or alter matters prescribed by Ordinance of the Ministry of Health and Welfare, the person who has reported under paragraph (1) shall report to the Commissioner of the Korea Food and Drug Administration, and the person who has reported

Article 44 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won:

In such cases, imprisonment and a fine may be imposed concurrently.

1. The provisions of Article 6 (1) or (2);