The prosecutor's appeal is dismissed.

1. In light of the fact that the defendant had imported functional health foods identical to the product of this case without reporting from the same manufacturer even before, and advertised that the sexual function of the product of this case is activated, the defendant could be recognized as having imported and sold the product of this case under the recognition of dolusence of the content of the product of this case, but the judgment of the court below acquitted the defendant of this part of the facts charged on different premise.

2. No business operator of charges shall use raw materials used exclusively for the purpose of drugs, or import, sell or display functional health foods the mixture, mixture, content of which is the same as or similar to that of drugs;

Nevertheless, on December 8, 2011, and January 30, 2012, the Defendant purchased 40 times in 50 foot form, 194 in total 226 copies in 50 foot form, 194 in total, 226 in 194 (3,540 caps, 5,500 won per capsule, 15,500 won per capsule) by purchasing functional health foods from the detection of “onceceine,” the ingredients of “onceceine,” which are drugs not detected in functional health foods, at D places of business located in Chungcheongbuk-gun, the Defendant purchased 50 foot form, 47,00 won, and sold to E representative of the functional health foods selling the functional health foods equivalent to KRW 1,947,00 in market price.

Accordingly, the defendant sold functional health foods containing drug ingredients.

3. The lower court determined as follows: (a) the Defendant, as a representative of D, imported the instant product on two occasions on December 8, 201 and January 30, 2012, and sold it to E; (b) the Ministry of Food and Drug Safety (hereinafter “Food and Drug Administration”) collected and inspected the instant product sold by E on December 28, 2012 by the Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”) and inspected the instant product.