Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of seven million won.

Defendant

B The above fine shall not be paid.

Criminal facts

Defendant

B On August 16, 2016, the Gwangju District Court sentenced one year to imprisonment for a violation of the Food Sanitation Act, etc., and the judgment was finalized on August 24, 2016.

Defendant

A is a person operating a health food promotion center, such as black ginseng, in the trade name of "G" in Yangsan City between July 2015 and December 2015, and Defendant B is a person who gives lectures to black ginseng and receives tuition fees at the request of the operator of the public relations center.

No one shall indicate or advertise that the quality, etc. of foods, etc. has efficacy or effect in preventing and treating diseases, or that such foods, etc. may be mistaken for or confused as medicine or health functional foods.

Nevertheless, the Defendants distributed a leaflet stating that “Any person who listens to the explanation of products to the G Publicity Center may purchase promotional products at a low price,” and had the father or senior citizens gather them to the publicity center, and had the Defendants advertise as if they had efficacy and effect on the prevention and treatment of diseases.

Accordingly, between September 22, 2015 and September 24, 2015, the Defendants: (a) against the above public relations center for “G” to around 200 and the elderly; (b) Defendant A introduced Defendant B as a red ginseng expert belonging to “H” by black ginseng manufacturing business entity; and (c) Defendant B (“I is a black ginseng that is made of Abbbbbbe, hin, and a 100% ginseng that is 10% of Abbbebbes,” and the I contains a large amount of spores, so it is better to the immunodeficiency; (c) the I is better to improve the symptoms of high blood pressure and urology by improving the symptoms thereof; and (d) even if they walk and walk well, it can be seen as soon as possible.

“The content of this case is strong.”

Accordingly, while selling black ginseng in collusion, the Defendants made an indication and advertisement that could cause mistake and confusion as to the efficacy and effect of prevention and treatment of diseases with respect to the quality of black ginseng.

Summary of Evidence

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