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The defendant shall be innocent.
Reasons
1. Although trade traders, traders, or distributors of goods, etc. in the facts charged of the instant case did not place any false or misleading indication of origin, the Defendant indicated the place of origin “F” (hereinafter referred to as the “goods of this case”) which is a “F”, which is a provoking 100% extracted from the red (2.1.2 f.) f., naturally f., a nature f., f., c., of natural leaf leaves in the south-gu Office located in Gwangju Nam-gu from February 1, 2016 to April 11, 2017, when operating D Gwangju branch office at the Internet shopping mall site of the said company’s Internet shopping mall site, the Defendant indicated the place of origin in Korea.
2. Determination
A. Article 53-2 Subparag. 1-2 of the Foreign Trade Act provides that “an act of making a false indication of origin or a false indication of origin or a false indication of origin” under Article 33(4)1 of the same Act shall be punished. Article 34(1) of the same Act provides that “The Minister of Trade, Industry and Energy may, if deemed necessary, determine the origin of exported or imported goods, etc.
"The criteria for the determination of origin" and paragraph (2) of the same Article shall be determined and publicly announced by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree.
"........"
Accordingly, Article 61(1) of the Enforcement Decree of the Foreign Trade Act, which provides the criteria for determining the origin of imported goods, provides that "where two or more countries are involved in the production or manufacture of imported goods, the country in which the production or manufacture of imported goods is ultimately substantially modified and the activities giving essential characteristics to the goods (hereinafter referred to as "material transformation") are to be the origin of the goods (Article 2) and "where two or more countries are involved in the process of manufacturing or manufacture of imported goods, the country in which simple processing is not to be the origin of the goods," and Article 85(2) of the former Regulation on External Trade, which is delegated by Article 34(2) of the former Regulation on External Trade.