Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

From May 27, 2016, the Defendant runs a communications sales business with the trade name “B”.

No one shall indicate or advertise that the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and tracking and management of records of functional health foods, with a content that is likely to have efficacy or effect in preventing and treating diseases, or to mislead or confuse it as medicine.

Nevertheless, at the end of October, 2016, the Defendant sold the Defendant’s Nitber Sctop website “D”, which is a health functional food, by accessing the Defendant’s business establishment (Seoul Central-gu C and 501) around the end of October, 2016, and by inserting an advertisement containing the phrase “CTX powder is not only to prevent cTX salt, but also to assist in medical treatment,” and “the age pipe is entering the hospital as an essential for health care of the persons who received aviation cancer treatment,” thereby misleading and mixing the above age pipe as if they were medicines, and operating the above B, and raising sales of KRW 8 million per month.

Summary of Evidence

1. Statement by the defendant in court;

1. Videos produced from the upper page;

1. Application of Acts and subordinate statutes to report internal accidents (to make a statement by telephone in charge of monitoring food and drug safety);

1. Article 43 (1) 2 and Article 18 (1) 1 of the Health Functional Foods Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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