The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) ① Defendant A has no advertisement with a content that is likely to have efficacy in treating diseases or to mislead or confuse as medicine or health functional foods while selling “E” (hereinafter “the instant product”), which is a general food, and ② it is unreasonable to punish Defendant A by again instituting a public prosecution for the same criminal facts as indicated in the judgment of the court below after suspending indictment.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the lower court applied Articles 94(1)2-2 and 13(1)1 of the Food Sanitation Act (in the case of the Defendant B, Article 100 of the Food Sanitation Act is added) to the facts constituting a violation of the Food Sanitation Act as indicated in the judgment below.

However, Article 94(1)2-2 of the current Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014; hereinafter “current Food Sanitation Act”) is partially amended by Act No. 12496, and enters into force on September 19, 2014. As such, the current Food Sanitation Act cannot be applied to the above criminal facts committed by the Defendants prior to the implementation of the current Food Sanitation Act, and Article 94(1)2-2 of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014; hereinafter “former Food Sanitation Act”).

In this respect, the judgment of the court below was no longer maintained.

However, the defendants' assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court despite the above reasons for ex officio reversal.

3. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. As to the assertion that there was no advertisement that is likely to mislead or confuse the efficacy of treatment of diseases or health functional foods, Article 13 of the Food Sanitation Act is applied.