'Exaggerated Diet Benefits' Mukbang YouTuber Banzz Fined Again in Appeal Trial

Published 08 Jun.2020 15:58(KST)

1st Trial: "Advertisement That May Mislead Consumers... Fine of 5 Million Won"
Ban J's Side: "Not Consumer Deception... Original Sentence Too Harsh" Appeals

Photo by Asia Economy DB

[Asia Economy Reporter Kim Suwan] Famous mukbang YouTuber 'Banzz,' who was indicted without detention on charges of violating the Health Functional Foods Act, was sentenced to a fine again in the appellate court.

On the 8th, the Criminal Appeals Division 2 of Daejeon District Court (Chief Judge Nam Donghee) sentenced Banzz to a fine of 5 million won, the same as the original sentence, for exaggerating the efficacy of health functional foods of his own company in promotional activities (violation of the Health Functional Foods Act).

Previously, Banzz was prosecuted for advertising his company's health functional products in a way that could mislead consumers to believe that "just by taking it, you can lose weight."

Banzz's side appealed, stating, "The advertisement was not intended to deceive consumers or cause misunderstanding or confusion, and even if found guilty, the original sentencing was excessively harsh and unfair."

The prosecution also appealed, arguing that the first trial's sentencing was too lenient.

However, the court rejected both the defendant's claim that the sentence was too heavy and the prosecution's claim that the sentencing was inappropriate.

The appellate court stated, "Considering the sentencing factors recognized based on the evidence lawfully collected and examined in the original and appellate trials, the original sentencing judgment does not appear to have exceeded the reasonable scope of discretion. Since there are no significant changes in sentencing conditions at this appellate stage, both the defendant's and the prosecution's appeals were dismissed."

The first trial court said, "Considering the defendant's occupation and activities, the advertisement had a significant impact and required greater caution, but the advertisement could mislead consumers, so the crime is not minor. However, taking into account that the defendant has no prior criminal record, did not post fabricated or false experiences, and the advertisement period was not long, about 2 to 3 months, a fine of 5 million won was imposed."