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Defendant
A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,000,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A The representative of the "D" store, the defendant B, and the defendant C are each engaged in the above place of business as an employee (instructor and counsel).
1. Defendant A
(a) Any person who intends to sell functional health foods shall report to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business;
Nevertheless, from October 19, 2013 to April 18, 2014, the Defendant borrowed a free medical device experience center called “D” from Gwangju Mine E and the third floor, and sold health functional foods (F) to the elderly visiting this site without reporting.
(b) No business operator who sells functional health foods shall sell products by promoting a speculative spirit, such as selling examples, offering free gifts, etc.
Nevertheless, the Defendant, at the time and place under the preceding paragraph, provided free medical device experience and gambling goods (e.g., fumpers, etc.) to attract many unspecified elderly people, provided health counseling to prepare a meeting book, provided them with singing and dancing, and promoted speculative spirit by providing them such as opening prizes, lottery prizes, special cases, and sales examples, and by providing them with a national number, verbing machine, verbing machine, verbing box, and verbing dogg, etc.
Since then, the Defendant advertised that the “F” (retail 1 stuffs/398,00 won) is good to promote memory and immunity, and sold 15 persons, including G, the health functional food F, the market price of which is equivalent to KRW 5,970,00,00 to KRW 15,000.
2. Defendant B, Defendant C, and Defendant C, from December 23, 2013 to April 18, 2014, and Defendant C, from February 27, 2014 to April 18, 2014, work as an employee at the place under paragraph (a) of the above Article, with the same method as paragraph (1) of the above Article, engaging in lectures to a large number of unspecified senior citizens, etc. for health counseling and health functional foods during a fixed time.