The defendant shall be innocent.

1. Foods or additives that meet the standards and specifications for facts charged shall be manufactured, imported, processed, used, cooked, or preserved in accordance with such standards, and foods or additives that fail to meet such standards and specifications shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved, or displayed for sale;

Nevertheless, from around December 4, 2015 to December 18, 2015, the Defendant sold 24kg of red trees, which is prohibited from being used as food ingredients, through “C” Internet Internet block, operated by the Defendant, Hongcheon-gun, Gangwon-gun. On March 17, 2016, the Defendant preserved 39kg of red trees in the above C for the purpose of selling.

2. Article 2 subparagraph 1 of the Food Sanitation Act provides that "all kinds of foods (excluding foods taken as medicine)" means foods, and subparagraph 2 of Article 2 of the Food Sanitation Act provides that "food additives" means substances added to or mixed with foods in the course of manufacturing, processing or preserving foods or materials used for wetting foods, etc. In such cases, food additives shall include materials used in sterilizing or disinfecting apparatus, containers and packages, and which may be indirectly transmitted to foods.

In addition, Article 7 of the Food Sanitation Act stipulates as follows:

(1) The Minister of Food and Drug Safety shall determine and publicly announce the following matters concerning foods for sale or food additives, if necessary for national health:

Provided, That in cases of substances that may be indirectly transferred to food after being used for sterilizing or disinfecting apparatus, containers and packages, among food additives, only the ingredients thereof may be announced.

1. Criteria for the methods of manufacturing, processing, using, cooking, and preserving ingredients; 2. The Minister of Food and Drug Safety shall ensure that food or additives (which are directly used for food) the standards and specifications of which are not publicly notified pursuant to paragraph 1.