The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 560,00,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty on the charges by misapprehending the legal doctrine, even though the Defendant merely contains information on nuclear acid widely known, and did not constitute “an indication advertisement with the effect or efficacy in preventing and treating diseases or that may lead to confusion as medicine or functional health foods.”

In addition, the judgment of the court below that sentenced a fine under Article 94 (3) of the Food Sanitation Act by adding up the portion irrelevant to the relevant advertisement among the amount sold by the defendant, is erroneous in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (the imprisonment of 10 months, the suspension of the execution of 2 years, and the fine of 570 million won) is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. As to the assertion that it does not constitute an advertisement with false or exaggerated indication, the court below rejected the above assertion in detail by stating in the judgment of the court below that the defendant made the same assertion as the grounds for appeal in this part, under the title "the judgment on the assertion of the defendant and his defense counsel". In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable, and there is no error of misapprehending the legal principles or misconception of the facts as alleged by the defendant.

B. As to the assertion of misunderstanding of the legal principles on the calculation of fines, Article 94(3) of the Food Sanitation Act only provides that “when the relevant food or additives are sold” and does not require that the relevant food was sold through false advertisements, etc., the Defendant’s assertion that out of the sales amount, the amount sold regardless of the writing posted by the Defendant should be excluded from the sales amount, which is the basis for calculating fines.