The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The defendant above.

A. Defendant 1) With respect to each fraud against the Defendant among the facts charged in the instant case by mistake of facts or misapprehension of legal principles, it cannot be deemed that the error of the Defendant’s mistake of the origin indication of one man-person excavation expenses provided to customers constitutes the deception of fraud beyond the level of the common sense socially acceptable, and the customers suffered property damage due to the Defendant’s deception.

There is no intention to deceive the defendant, and there was no intention to deception the defendant.

2) The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment, two years of suspended sentence and fine of ten million won, community service work 200 hours) is too unreasonable.

B. The lower court’s sentence against the Defendant by the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The summary of this part of the facts charged is as follows: (a) the Defendant, along with A, operated a general restaurant with the trade name “H” from around November 6, 2009 to around July 201, 2013, as a partnership business.

The Defendant and A jointly operated the above “H” restaurant, through the above restaurant signboards, commercials, etc., publicize the place of origin of food materials to be domestically produced in Korea. However, the Defendant and A used some imported food materials, such as the instant restaurant signboards and commercials, and the instant restaurant as a representative food store in the Republic of Korea. However, the Defendant and A displayed the place of origin of food materials on the Meapb new market.

On January 2, 2013, the Defendant and A received 80,000 won from the injured party under the pretext of food as if they were domestically produced food materials and domestic products, while using imported food materials and cooking and providing them to the injured party I, but deceiving the injured party as if they were domestically domestically produced food materials.

In addition, the Defendant conspired with A on January 1, 2013 to March 20, 2013.