All appeals by the Defendants are dismissed.

1. The summary of the grounds of appeal 1) The effect of the appeal on the health of the beneficial equality and the rate of harmful equality in the misunderstanding of facts constitutes a widely known common sense, and thus, consumers are unlikely to mislead and confuse the Defendants’ products as functional health foods even if the advertisement of this case is placed.

However, the lower court found the Defendant guilty of the instant facts charged.

2) The sentence of the lower court’s improper sentencing (a fine of two million won per fine) is too unreasonable.

2. Determination 1) As to the assertion of mistake of facts, the term “health functional food” refers to food manufactured using a raw material or ingredient that has functionality useful to the human body; and the term “functional” refers to controlling nutrients about the structure and function of the human body or obtaining useful effects for health purposes, such as physiological effects (Article 3 subparag. 1 and subparag. 2 of the Health Functional Foods Act). In full view of the following circumstances revealed by evidence duly adopted and investigated by the lower court, the lower court’s judgment convicting the Defendant of the instant facts charged is justifiable.

① The main contents of the instant advertisement are that the consumption of the Defendants’ products would lead to the improvement of the environment in the country and the reduction of the body in the country by scootech emissions in the body and by scootech scoo in the body of the Defendants. Such phrases are interpreted to mean that the Defendants’ products have useful effects on the physiological effects of human body in light of the general public’s average perception.

② The instant advertisement does not merely relate to the effect of beneficial equality and harmful equality, but also includes a detailed explanation of the function and function of the cuaspa and the function of the cuaspa in the cuaspa and the crospa, and that the crospa can improve the new crospa environment by bluing the composition ratio through the Defendants’ product.

The above information on micro-organism was generally known.