Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

【2011 fixed-scale 4258】 The Defendant is in charge of manufacturing “D”, which is the representative of “C”, which is the importing company of functional health foods, and E is in charge of selling “D” as the representative of “F”.

No person who manufactures or sells functional health foods shall indicate or advertise the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. 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 them as medicine.

Nevertheless, the Defendant and E jointly stated in the D Product Description from September 12, 2008 to September 13, 2009 that it is likely to mislead and confuse them as medicine by entering physical reduction prevention, inter-functional improvement, anti-functional function improvement, anti-bropical cancer, urine, urology, low blood pressure, heavy wind, and urology, etc. with the utility of the aforementioned product.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The police statement concerning G;

1. A statement on the use of D products, including documents to be attached to the investigation report (D product packaging paper); hereinafter the investigation report shall include all accompanying documents;

1. Copy of the contents of each newspaper advertisement, copy of the D Advertisement Complex, copy of banner, D advertisement, copy of the F Internet website, and contents of D advertisement;

1. The manufacturer's certificate of the items of D health functional foods, a copy of the investigation report (a copy of the business report regarding the manufacture of D products), an investigation report (C business report), an investigation report (C business registration certificate), a copy of the F business report, and a copy of the F business registration certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 44 Subparag. 4 and Article 18(1)1 of the Health Functional Foods Act (Amended by Act No. 12669, May 21, 2014); Article 30 of the Criminal Act concerning criminal facts;

1. The Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act are determined.