농수산물의원산지표시에관한법률위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of two million won.
Defendant
C does not pay the above fine.
1. The summary of the grounds of appeal is clear in light of the empirical rule that the product of this case, the home shopping advertisement of the cooperative, etc., and the contents of the advertisement of this case, etc., are likely to cause confusion as to the country of origin under the transactional concept based on the average person’s care, and the defendants’ criminal intent is also recognized in light of the fact that the products of this case and the contents
2. Determination
A. The summary of the facts charged of the instant case is a legal entity that has its principal office in Incheon-gun T, and engages in the manufacture, sale, etc. of ginseng, and Defendant C is the head of the said D Cooperatives as the representative of the said D Cooperatives.
No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion as such.
Nevertheless, as the Defendants were unable to manufacture “U” products only with raw ginseng harvested from Incheon Strengthening Group, the Defendants mixed not less than 50% of the raw ginseng harvested from other domestic areas, etc., and had the intent to manufacture and sell “U” products as if they were the special products using ginseng harvested from Incheon Strengthening Group.
1) Defendant C: (a) from January 2010 to November 2013, 2013, the Defendant: (b) made a mixture of red ginseng and red ginseng made from DF factories in Incheon, Dasan Raw Ginseng and red ginseng in Korea and other local raw ginseng; and (c) made a mixture of red ginseng and red ginseng in 2010, 491, 491, 4722, 201, 4,722, 4,861, 201, 429, 18,429, 276,435,000, and 18,429,429, 276,435,000 (consumer’s product “U” as of 52,870,000,000 won is made on the front side of packing products; and (d) made a mixture of red ginseng and red ginseng in Korea through the Internet (UFFFF).