The judgment below

Among them, the violation part of the Pharmaceutical Affairs Act is reversed.

Defendant shall be punished by a fine of three million won.

The defendant above.

1. The judgment of the court below that acquitted each of the facts charged in this case on the following grounds of appeal are unreasonable.

1) Since the Defendant’s violation of pharmaceutical law revealed that the video or printed materials displayed by the Defendant against the elderly at the promotional center that they had the efficacy of killing health fluorbing in the mouth and disguised manner, the Defendant’s act constitutes false or exaggerated advertisements regarding pharmaceutical products, etc.

2) The defendant who violated the Health Functional Foods Act was kept in custody.

According to the CD data, the Defendant had sold other health functional foods, such as prool and Natok, in addition to raw ginseng, at a public relations center, and the lower court did not examine the case.

2. An ex officio prosecutor requested the court to change the portion of the facts charged in the instant case in exchange for an amendment to Bill of Indictment, and the court's permission was changed and thus the judgment below cannot be maintained as it is.

However, there is a ground for reversal of authority above, but the prosecutor's assertion of mistake as to this part of the facts charged is still subject to the judgment of the court, and this is also examined together.

3. Judgment on the assertion of misunderstanding of facts 1) Violation of the Pharmaceutical Affairs Act (1) The summary of this part of the facts charged is a person who recruited senior citizens members and sells raw materials, health foods, etc. by operating a promotion center from the second floor of the building B in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul.

J is a business employee who sells spat frat frat (hereinafter referred to as "spat frat frat frat frat frat frat frat frat frat frat frats, non-pharmaceutical drugs.

No person shall make a false or exaggerated advertisement about the names, manufacturing methods, efficacy, or performance of drugs, etc. (including non-pharmaceuticals).

However, the defendant in collusion with J on March 2016 is a member of the senior citizen's membership in the above public relations center.