The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the public official in charge of the Korea Food and Drug Administration (the current Ministry of Food and Drug Safety, hereinafter referred to as the "Korea Food and Drug Administration") at the time of the date and time stated in the facts charged of this case, after hearing the answer that the goods of this case produced by the OEM are being marked with the brand of the defendant, and the packaging paper and the boiler were manufactured and posted. Since then the part was at issue, the public official in charge of the defendant's act did not constitute a crime since the defendant's act constitutes "when there is a justifiable reason to believe that his act was not a crime under the law" under Article 16 of the Criminal Act.

2. Determination

A. Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are reasonable grounds for misunderstanding. In general, an act of misunderstanding that one's act constitutes a crime but, in his special circumstances, it is recognized that it does not constitute a crime as permitted by the Acts and subordinate statutes, and that it shall not be punishable if

(See Supreme Court Decision 91Do2525 delivered on May 22, 1992, and Supreme Court Decision 2000Do1696 delivered on January 25, 2002, etc.). Whether there exists justifiable reason should be determined depending on whether an actor was unable to recognize the illegality of his/her own act as a result of failing to perform his/her duty despite the possibility that he/she could have known the illegality of his/her own act if he/she had failed to perform his/her duty to do so. The degree of efforts necessary for recognizing the illegality is specific.