The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a person who is serving as a director of the agricultural partnership corporation in the trade name, Seodaemun-gu Seoul Metropolitan Government “D” as a director of the agricultural partnership.

No one shall make any false or exaggerated labelling or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse drugs or health functional foods, with regard to the labels or advertisements of nutritional values, raw materials, or ingredients of foods, etc.

Nevertheless, on February 24, 2014, the Defendant advertised “Gab rice” on the E T Typ 27 pages, and inserted the phrase “I will perform the function of preventing mergers by urology, high blood pressure degradation, boom and dementia prevention, improving the inter-scopical and kidy functions, promoting brain cell Ambassador, eliminating stress, and strengthening immunity, etc.” with respect to the indication of the above food ingredients, thereby misleading and causing confusion as to the effect and effect of preventing and treating diseases.

2. According to the Defendant’s partial statement in court and the newspaper published in an exaggerated advertisement, etc., it is recognized that the Defendant advertised “Gab rice” with the same content as the facts charged.

Meanwhile, Articles 94(1)2-2 and 13(1)1 of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014) that apply to the facts charged in the instant case provide that a person who places an indication or advertisement with respect to the quality, ingredients, etc. of food, etc. “an indication or advertisement that has the efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or health functional foods,” shall be punished. However, the said provision does not prevent all the indication or advertisement of the pharmacological efficacy of food, and even if such indication or advertisement is an indication or advertisement, it is incidental to food within the essential limit of the efficacy as a food.