The defendant shall be innocent.

1. On May 2014, the Defendant purchased at KRW 5.77 million red ginseng (34.2km) that did not undergo an inspection from E, and processed red ginseng, red ginseng and red ginseng, and sold or stored them for the purpose of selling them to consumers.

2. Determination

(a) The attached Form of the relevant statute is as follows;

B. Determination 1) We examine the facts charged of this case. The defendant purchased the red ginseng which was not inspected and then processed as red ginseng, red ginseng, and sold or stored it for the purpose of sale to consumers. Articles 31(1)3 and 19(2) of the former Ginseng Industry Act punishs "the act of selling or exporting, or storing or displaying for the purpose of sale the red ginseng, Taegeuk ginseng, white ginseng, or other ginseng which failed to undergo or pass the inspection." However, it can be known that the red ginseng, Taegeuk ginseng, white ginseng, or other ginseng manufactured by the defendant does not belong to the red ginseng, Taegeuk ginseng, white ginseng, or other ginseng under Article 2 of the Ginseng Industry Act and Article 1-3 of the Enforcement Rule of the Ginseng Industry Act. 2) Thus, the facts charged of this case constitute a case which does not constitute a crime, and thus, is pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.