Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates the “C”, a health functional food importer.

1. Any person who intends to import functional health foods to use them for business purposes shall report thereon to the Commissioner of the Korea Food and Drug Administration;

Nevertheless, on December 1, 2012, the Defendant, without reporting to the Commissioner of the Korea Food and Drug Administration at the Defendant’s office located in Mapo-gu Seoul Mapo-gu D 101, sold to G 5,000 won a “m-ray for women” imported by the Defendant through the Defendant’s website (E), by requesting the manufacturer in a foreign country to deliver the product via the Internet.

From that point to February 27, 2013, the Defendant imported and sold functional health foods equivalent to KRW 28,434,990, total market price over 470 times, as shown in the attached list of crimes, from that point of time until February 27, 2013.

Accordingly, the defendant imported functional health foods without reporting it to the Commissioner of the Korea Food and Drug Administration in order to use them for business purposes.

2. Where business operators intend to indicate and advertise functionality concerning the name, quality, etc. of functional health foods, they shall undergo deliberation in accordance with the criteria, methods and procedures determined by the Commissioner of the Korea Food and Drug Administration;

Nevertheless, the Defendant, without undergoing deliberation by the Korea Food and Drug Administration at the time and place specified in the above Paragraph 1., advertised the health functional foods, “E,” by using the phrase “I support the tension system support,” and “I support the production of energy.”

Accordingly, the defendant is a business operator operating "C", which is an importing company of functional health foods, and the name, quality, etc. of functional health foods without being deliberated by the Korea Food and Drug Administration.