On March 24, 2015, the Defendant sold white ginseng of 800 km and white ginseng of 420 km to 172,663,600 won without undergoing an inspection.

2. Determination

(a) as shown in the Attachment of the relevant statutes;

B. 1) The instant facts charged is premised on the premise that “the Defendant did not undergo an inspection under the main sentence of Article 17(1) of the Ginseng Industry Act.”

2) It is recognized that the Defendant sold white ginseng 800 km and white ginseng 420 km produced by it to B as stated in the facts charged without undergoing an inspection.

3) However, according to the proviso of Article 17(1) of the Ginseng Industry Act and Article 4 of the Enforcement Decree of the same Act and Article 17(1) of the same Act, “where a manufacturer of scinal ginseng marks the origin, weight and the name of the manufacturer and seller on the red ginseng, solarly, or white ginseng and sells to the manufacturer of ginseng products”, it may not be inspected.

The case provides that the defendant's origin, weight, and the name of manufacturer and seller are indicated in white ginseng, etc. and sold to the manufacturer B of ginseng products without undergoing an exceptional inspection in accordance with the above Acts and subordinate statutes (in relation to the scope of application of the above provisions, the above exceptional provisions cannot be deemed applicable only where the kinds of ginseng sold by the manufacturer of ginseng and the kinds of ginseng products actually used as the raw material of ginseng products are the same as those of the ginseng products). 3. In conclusion, the facts charged in this case constitute a case where the facts charged in this case are not a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.