The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant’s act of explaining melting people by verbal lectures constitutes advertisements stipulated in Article 13(1) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “former Food Sanitation Act”) and Article 8(1) of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1232, Dec. 31, 2015; hereinafter “Enforcement Rule of the former Food Sanitation Act”).

Therefore, the judgment of the court below which acquitted all of the facts charged of this case on different premise is erroneous in the misunderstanding of facts and legal principles.

2.The provisions pertaining to this case in respect of the relevant provisions are as follows:

Article 13 (Prohibition of False Indication, etc.) (1) No person shall use the name, manufacturing method, quality and nutrition labelling, genetic materials association food, etc. and the indication of tracking and control of food history falling under any of the following subparagraphs, and use the false, exaggerated, or secret packaging for packages:

The same shall also apply to the nutritional value of foods or additives, raw materials, ingredients, and uses.

(2) The scope of false labelling, exaggerated advertisements, slandered advertisements, and over- packings under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Prime Minister;

Article 94 (Penalty Provisions) (1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than ten years or by a fine not exceeding 100 million won, or both:

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2. A person who violates Article 13 (1) 1. (1) of the Enforcement Rule of the former Food Sanitation Act (Scope of False Marking, Exaggerated Advertisement, Slanderd Advertisement, and Subdivision) (1) The scope of false labelling and exaggerated advertisements under Article 13 of the Act shall be limited to containers, packages and packages;