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A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 8,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
"2016 Highest 2532"
1. No person shall indicate or advertise that the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality of health functional foods, etc., which are efficacy or efficacy in the prevention and treatment of diseases, or that may mislead or confuse them as medicine, with regard to the name of the health functional foods, raw materials, manufacturing methods, nutrients, methods of use, quality of health functional foods, and traceability;
Nevertheless, from February 2007 to July 2015, the Defendant: (a) operated the Health Functional Foods Promotion Center in the name of “H” in Seoul, Gyeonggi, Incheon, Daegu, etc.; (b) controlled the business of labeling and advertising and selling health functional foods as if they were a medicine effective for preventing and treating diseases; and (c) conspired that F and G reported the former as an employee, and the main departments of the elderly and the main departments of the elderly who visited the above public relations center to play a role in guiding them as the above public relations center and storing and transporting the products.
As the Defendant recruited as above with F and G, from around February 16, 207 (F from around March 21, 2015; G from March 23, 2015; from around March 2015, July 6, 2015), the indictment was written as of July 6, 2016; however, in light of the list of crimes attached, it is obvious that the above product is a clerical error as of July 6, 2015. By up to July 6, 2015, the Defendant’s visit the above publicity hall at Seoul, Incheon, Daegu, and Daegu, etc. 74 times as shown in the list of crimes in the attached Table (1), and the senior citizens, their wifes, who visited the above public relations hall at the Seoul, Incheon, Daegu, and Gyeonggi, sold 138,165,000 won in total, and were likely to mislead and confuse health functional foods with pulse, pulse, medication, medicine, etc.
2. As to the name of health functional foods, raw materials, manufacturing methods, nutrientss, ingredients, methods of use, quality of health functional foods, etc., the efficacy and effectiveness of the prevention and treatment of diseases shall exist or occur.