All appeals filed by the prosecutor against the Defendants are dismissed.

1. Although it is apparent that only a person who has obtained certification of pesticide-free fishery products, etc. pursuant to the Act on the Promotion of Environment-Friendly Farming and Fishery Business and the Management and Support of Organic Food, Etc., can use the expression “U” in the product packaging and front page without obtaining certification of antibiotic-free fishery products, the Defendants indicated the phrase “U” on the product packaging and front page.

Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts, which held that all the facts charged of this case constituted a case without proof of crime.

2. The summary of the facts charged in this case is that Defendant A operates Company D and manufactures and sells products, such as “J,” etc. Defendant B is an employee of Company D who manufactures and sells products, such as “J,” and Defendant D is a corporation established for the manufacture, distribution, and sale of products, such as “J,” and Defendant C is a person who is the head of the fishery team of the Company E, and is in charge of the inspection before and after the entry of the products and the fishery team. Defendant E (representative director K) is a corporation that engages in fishery wholesale and retail business.

(a) No person who commits a joint crime by Defendant A or Defendant B shall place a certification mark or any similar mark on a product without obtaining certification of fishery products from an anti-biotic product, or place a certification mark that is likely to mislead himself/herself into being a certified product;

Nevertheless, on June 4, 2013, the Defendants conspired to manufacture and sell products, such as J, L, and M, with the trade name of Co., Ltd., Ltd. from Sungnam-si, Sungnam-si, and sold 159,35 products, such as handbrus, etc., total market price of 2,934,952,280 won from June 4, 2013 to August 15, 2015, while being aware of the fact that the handbru, which is a raw material, did not obtain certification for anti-biotics, was marked “N” on the packaging and leaflet of the products, and selling 159,355 products, such as handbrus, in total of 1,162 times from June 4, 2013 to August 15, 2015.