Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who manufactures and sells health foods while operating the “C” in Chungcheongnam-gun, Chungcheongnam-gun.

No one shall place a false mark of origin or make an indication likely to cause confusion as such.

From October 15, 2018 to January 20, 2019, the Defendant: (a) manufactured red ginseng purchased in Geumsan as “D” and “Agricultural Company E” and sold F (red red ginseng cultivated in an area other than Geumsan) from Defendant factory to “F (redred ginseng in an area other than Geumsan”); and (b) sold G and H product information column as “domestic acid”; (c) indicated on the product’s main screen as “Ysan-gun”; (d) indicated on the product’s product’s product’s product’s product’s description as “Ssan-gun”; and (e) inserted the phrase “Ssan-gun” and “Iyman only red ginseng with a high quality that came into effect in Geumsan-san-si; and (e) sold 5,680km (58,806,800 won) and 5,680km (limited to 5,806,800 won).

Summary of Evidence

1. Defendant's legal statement;

1. A judicial police officer's interrogation protocol of the accused;

1. Application of the C course photographs, C-mail order computer output records, photographs at the place of detection of origin, business registration certificates, copies of business registration certificates, and other Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, and Articles 14 (1) and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order revealed that the origin of the red ginseng sold through the Internet shopping mall is likely to be confused as if it were gold veterans.

The sales volume of the defendant is also high.

However, the red ginseng from the raw materials purchased by the defendant includes part of the production proportion of the Geumsan area.

The defendant's mark of origin has not been examined closely, but it has been erroneous.