All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Violation of the Cosmetics Act (the top 686 : Defendant A and B), the Ginseng Industry Act and the Enforcement Rule of the Ginseng Industry Act specifically provide for the definition of red ginseng, while Red ginseng manufacturing process has been described in the Guidelines for the Standard of Oriental Products Products in the Food and Drug Safety Agency, there is no provision on the definition of evidence in the relevant Acts, but the definition of evidence in the relevant Acts is nonexistent. However, the phrase “proving” merely describe the expression in the meaning of “satising ginseng.” There is no material described in the manufacturing process; there is no material described in the production process; there is no material described in the production process; there is only a unique ingredient in the chemically discovered ingredients contained in the raw material, which is the unique ingredient with only red, which is the target of quality control, and is expected to directly or indirectly realize the efficacy effect of the drug, or a material or a substance that is expected to be the main ingredient of a group as a “effective portion” referred to in the main ingredient.

As such, the red ginseng satisfied the content of the index components required.

In full view of the fact that it does not necessarily mean red ginseng, but can be seen as “red ginseng” only if it satisfies the content of red ginseng’s surface ingredients among those manufactured in accordance with the red ginseng manufacturing process, and that the concept of “red red ginseng” and “draination”, which are recognized by ordinary consumers, are clearly different from that of “red red ginseng”, the same cannot be evaluated as “red red ginseng” and “drained ginseng.

However, the Defendants indicated materials containing 1% of the concentration of red ginseng and 99% of the concentration of red ginseng in the instant case as “10% of red ginseng extraction.” From the perspective of ordinary consumers with common caution, “red red ginseng extraction” is understood as being extracted from red ginseng, and is not perceived as being extracted from by-products generated in the process of making red ginseng, so such markings are likely to mislead or mislead consumers.