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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. No person shall sell products by promoting a speculative spirit, such as manufacturing, processing, importing, or selling functional foods by promoting a speculative spirit;

Nevertheless, from February 20, 2014 to February 20, 2014, the Defendant was operating “D” on the second floor of the building in Suwon-gu, Busan.

4.3. Around the same day, at the above store, there were 80 horses in the name of free gifts against many unspecified elderly people, such as E, who found a place in selling nicotine, which is a health functional food.

As a result, the Defendant promoted speculative spirit by providing prizes or free gifts, and sold functional health foods.

2. No person who sells health functional foods by making false or exaggerated advertisements shall indicate or advertise that health functional foods are effective or effective in preventing and treating diseases, or that foods are likely to be mistaken for or confused with medicine;

Nevertheless, the Defendant, such as E, etc. collected to receive free gifts at the date and time and place specified in paragraph (1), declared that “Isin is a component extracted from Japan’s U.S. In order to drink, Isin is beneficial to the human body and effective in the prevention of dementia, especially because Isin is good in the head and memory.” The above “Isin”, which is merely a functional health food, was advertised as if it had the effect of preventing and treating dementia.

Accordingly, the Defendant sold health functional foods in total of 2,2620,00 won by labeling or advertising about efficacy, effect, or likelihood of misunderstanding or confusion as medicine for the prevention and treatment of diseases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article of facts constituting a crime and the choice of punishment for functional health foods;