Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods has efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken for or confused with drugs, with respect to the name of functional health foods.

Nevertheless, from December 3, 2012 to April 25, 2013, the Defendant advertised “Seongcheon,” which is functional health foods, from “C” in the operation of the Defendant on the second floor of the Bupyeong-gu Incheon Bupyeong-gu building B, as to “Seongcheon,” and sold “Seungcheon,” to D, etc., “Seungcheon,” under the Advertising Act, “Seongcheon,” which is an advertisement of “Seungcheon, has a unique effect on pathitis.” The Defendant sold “Seongcheon” to D, etc., by means of “Seungcheon,” 282 boxes (which is equivalent to KRW 13,8180,00,000,000,000,000,000 won).

As a result, the Defendant advertised that the health functional foods might have efficacy or effect in preventing and treating diseases, or mistake or confuse them as medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, G, and H;

1. Each police statement made to D or I;

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

1. Article 44 subparagraph 4 of the relevant Act and Article 18 (1) 1 of the Health Functional Foods Act concerning criminal facts (or selection of fines, in general)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;