The judgment of the court below is reversed.

Defendants shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

1. The summary of the grounds for appeal is unreasonable as the punishment (4 million won by each fine) imposed by the lower court on the Defendants is excessively unreasonable.

2. The defendants' act of advertising and selling an article that is not a medicine is not somewhat weak in terms of the nature of the crime, but it seems that all the defendants had no criminal power before, and it appears that the defendants were controlled for the purpose of punishing money due to difficult home circumstances; the defendants did not seem to have been aware of the illegality at the time of the sale in this case; the defendants played an incidental role such as assisting the preparation of the contract; and the defendants played an incidental role such as age, character and behavior, environment, motive, means and consequence of the crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendants' age, character and behavior, environment, motive, means and consequence before and after the crime, the sentence imposed by the court below against the defendants is too unreasonable. Thus, the above argument by the defendants is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of the evidence are identical to the facts constituting the offense against the Defendants recognized by this court and the summary of the evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. An advertisement or sale that is likely to mislead people to believe that foods, other than medicines as indicated in the pertinent provision of criminal facts, have medical efficacy, efficacy, etc.: Each of them is an advertisement that is likely to confuse foods, as indicated in the holding of Articles 93(1)10 and 61(2) of the Pharmaceutical Affairs Act, and Article 30 of the Criminal Act: Subparagraph 1 of Article 97 and Article 13(1)1 of the former Food Sanitation Act (wholly amended by Act No. 11819, May 22, 2013).