농수산물의원산지표시에관한법률위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The court below found the defendant guilty by misunderstanding of facts or misunderstanding of legal principles that the defendant puts a Sticker "out of sex," other than those produced in the Sung-gun of Seongbuk-gu, and notified the consumer of the fact that he was out of the country produced in the Sung-gun of Seongbuk-gu when selling the above out of the country, and thereby, the consumer could not cause confusion as to the country of origin, which affected the conclusion of the judgment.
B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 800,000) imposed on the Defendant is too unreasonable.
2. Determination
A. Articles 14, 6(1)1, and 6(3) of the Act on Origin Labeling of Agricultural and Fishery Products and Article 4 [Attachment Table 5] of the Enforcement Rule of the Act on Origin Labeling of Agricultural and Fishery Products provide that “an indication likely to cause confusion as to the country of origin” means an indication of origin in the indication column of origin, but it refers to an indication, etc. that misleads the country of origin by attaching a similar indication on packaging materials, signs, publicity materials, etc.
Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts or misapprehension of legal principles is without merit, since the defendant's assertion of misapprehension of legal principles is without merit, since it is judged that the production place other than the above Haak-in is "Sengsan" by installing a guide board stating the production place in front of the gambling where the Haak-gun's production place is "Sengsan" and it is "an indication likely to cause confusion of origin".
① The Defendant set up a guidance sign as “agricultural product certification column” in front of the outdoor gambling place, and the production place was written as “Seosansan”.
② Although there was a Sticker, in addition to a part of the gambling place, the said Sticker puts on the Sticker’s Sticker.