(영문) 청주지방법원 충주지원 2020.02.18 2019고단758



A defendant shall be punished by imprisonment for not less than eight months.

43,392,912 won shall be additionally collected from the defendant.


Punishment of the crime

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, from June 5, 2018 to April 6, 2019, the Defendant, as a kimchi manufacturing and processing business entity run by the Defendant in Chungcheongnam-si from Jun. 5, 2018, mixed with domestic red powder powder and Chinese red powder, and sold 268,612kg of kimchi products in the aggregate of KRW 539,842,80,00 in the sum of the prices in the transaction partner D, E, etc., as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. On-site photographs;

1. Details of purchase of molds for domestic production and domestic production;

1. Each trade statement and certificate of origin;

1. Investigation report (flochi online publicity page) (flochi-line closures), - Online shopping mall-sale photograph of kimchi;

1. -F sale quantity;

1. -G sales volume;

1. - Quantity of sales of 16 enterprises, such as H;

1. -E sales volume;

1. -The I sale quantity;

1. -C Kimchi labelling;

1. -E Kimchi labelling;

1. -I estimates of supply;

1. -E delivery unit price list;

1. -E online sales price;

1. - Application of legislation to I Online Sales

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products through Relevant Acts and Subordinate Statutes concerning facts constituting an offense and Article 6 (1) 1 of the same Act;

1. Grounds for sentencing under Article 48 (1) and (2) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type 3] the large-scale type (the amount exceeding 500 million won) mitigated elements] (the amount exceeding 500 million won for a special person] mitigated elements: Where the degree of violation of law is not heavier than the degree of violation, such as selling, etc., mixing things not with things, [the scope of the recommended area and the recommended punishment] mitigated areas; imprisonment for 8 months to 2 years;

3. Determination of sentence: Fair competition for a period of eight months;