The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. As at the time of the instant act by the Defendant, there was no clear provision as to whether to obtain certification even in the case of importing, simply subdividing, and then repackaging, the certified salt already imported into the Republic of Korea.

Even if the Defendant’s act was unlawful, the Defendant believed that the instant act was legitimate, and there was a justifiable reason to believe that the instant act was legitimate.

Nevertheless, the court below found the defendant guilty of violating the Food Sanitation Act. Thus, the court below erred by misapprehending the legal principles of the United Nations.

2) The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.

B. A prosecutor 1) In fact, although the Defendant had obtained the instant salt certification and the ISO 22000 certificate without obtaining such certification, the lower court acquitted the Defendant on the charge of fraud, the lower court did not err by misapprehending the legal doctrine on the fraud.

2) Since salt confiscated by misapprehending the legal principles (Nos. 1 through 8) is a thing provided or intended to be provided for a crime violating the Food Sanitation Act, it is subject to confiscation under Article 48(1) of the Criminal Act.

Nevertheless, the court below did not sentence confiscation without further determination as to the salt confiscated, and there was an error of law by misapprehending the legal principles of the United Nations.

3) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Article 95 subparag. 1 and Article 13 subparag. 3 of the Food Sanitation Act provide that with respect to the name, manufacturing method, quality and nutrition labelling, genetically modified foods, and food history tracking and management labelling indication of food, etc., anyone shall not display or advertise false, exaggerated, or secret indications or advertisements that may mislead, mislead, or confuse consumers.

.. The same Act.