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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who operates D’s health functional food selling business in Daegu Jung-gu, Seoul.
1. The point of food sale containing “other dynamine” or food additives shall be manufactured, imported, processed, used, cooked, and preserved in accordance with the standards set out in the Food and Drug Safety Agency Notice "Food Standards and Specifications" and no food or additives that do not meet such standards and specifications shall be sold;
From August 16, 2016 to October 31, 2017, the Defendant advertised “F” as a food containing 8.6mg (25.2mg/g) of “Tdalf” of “Tdalf” of “Tdalf”, which is a specialized medicine through a newspaper advertisement published across the country, such as “E” at the place of the above “D” office, etc., and sold an amount equivalent to KRW 55,670,56,695,00 in the total market value, as shown in attached Table 1 re-a list of crimes, using the method of receiving and delivering KRW 80,00 per one copy of “F” from the consumers in contact with the Defendant.
2. No one shall make an indication or advertisement that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or health functional foods;
From August 22, 2016 to October 20, 2017, the Defendant advertised and sells “F”, which is a food containing “T” as indicated in paragraph (1), from the place of the foregoing “D” office, to the place of the foregoing “D” office, as indicated in paragraph (1). The Defendant advertised and sells “F” as an advertisement on the ground of G around August 22, 2016, with the word “F” on the F’s efficacy, effect, and quality as an advertisement on the ground of G around August 22, 2016. In addition, the Defendant strengthened this sexual function, including “F” with strong male and American sentiments, effect, 10% of natural ingredients, sulfurs of night, and five-day continuing days for taking place. In addition, advertisements that may mislead and confuse as if products can treat the skin, which can be treated as products, as if they were products.