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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who sells functional health foods under the trade name "C" in Busan Jin-gu, 309 Dong 501.

No health food dealer shall indicate or advertise that the name of health functional foods, raw materials, manufacturing methods, nutrientss, ingredients, methods of use, quality, and traceability of health functional foods have efficacy or effects in preventing and treating diseases, or that there is a possibility of misconception or confusion as medicine.

Nevertheless, from around August 2014 to February 16, 2015, the Defendant sold the name “E” and “F” of functional health foods to the Internet shopping mall (D) at the same place. The Defendant posted the phrase “E”, “E”, “F” and “E” and “F” on the condition that it is likely to have efficacy and effect in the prevention and treatment of diseases, or to mislead or confuse it as medicine.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the written confirmation prepared by the defendant;

1. Reporting the results of referrals to false and exaggerated advertisements, the integrated information network for the management of false and exaggerated advertisements, and the application of statutes governing each Internet shopping mall;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognizes and reflects the crime, among the exaggerated advertising products as indicated in the judgment, the actual sale of which is only two E products, and the defendant is the first offender who has no previous record, and the sentencing conditions such as the age, character and conduct, environment, and circumstances after the crime shall be determined as ordered in consideration of the overall sentencing conditions.