The defendant's appeal is dismissed.

1. The summary of the grounds for appeal ① The term “G”, which is a product for which the Defendant advertised, constitutes food that is unlikely to cause harm to the processing process as prescribed by the main sentence of Article 25(2)6 of the Enforcement Decree of the Food Sanitation Act, and that can be confirmed through an in-depth test, and thus, it is allowed to indicate and advertise that it has efficacy and effect in the prevention and treatment of diseases pursuant to Article 13 of the Food Sanitation Act and Article 8(2)2 of the Enforcement Rule of the same Act.

② Since the primary raw materials of “F” and “G” have been verified to have the effect of preventing actual diseases, etc., the Defendant does not constitute a crime of advertising as indicated in the lower judgment.

was erroneous, and there was a legitimate reason for the mistake.

As such, Article 16 of the Criminal Code does not constitute a crime.

Even if it is not so, the above advertising act constitutes an act that does not go against the social norms prescribed in Article 20 of the Criminal Act.

2. Determination

A. (1) The summary of this part of the facts charged is the person who operates retail business with the trade name of “D” in Namyang-si, Namyang-si.

No one shall indicate or advertise that foods, etc. have efficacy or effect in preventing and treating diseases, or that foods, etc. are likely to be mistaken for or confused as medicine or health functional foods.

Nevertheless, the defendant around September 23, 2016, on the Internet homepage of the above "D" as of Sep. 23, 2016, with great help to prevent chronic diseases, such as rain, high blood pressure, and blood diseases.

', 'G', now, the first day of this year

‘The advertisement' indicates that food has efficacy and effect on the prevention and treatment of diseases, or that it is likely to mislead or confuse it as medicine or health functional food.

2) Article 13 (Prohibition of False Indication, etc.) (1) of the Food Sanitation Act (Prohibition of False Indication, etc.) shall track and manage the names, manufacturing methods, quality and nutrition labelling, genetically modified foods, etc. of food, etc.