No person who sells or provides agricultural and fishery products prescribed by Presidential Decree or the processed products thereof after cooking shall place a false place of origin labeling or place a mark likely to cause confusion as such.

Nevertheless, during the period from June 28, 2014 to July 14, 2014, the Defendant purchased KRW 364,000 per box 26,00 for each 364,00 won for a total of 14,00 won from the F (representative G) located in Yansan-gu, Jeonju-si to the Chinese red powder (product name: H).

During the period from June 28, 2014 to July 14, 2014, the Defendant provided to customers with Chinese Chinese Chinese Chinese red powder, and falsely indicated the country of origin of Chinese Chinese kimchi on the mark indicating the country of origin in the business place and on the Qua New Markets.

피고인은 위 기간 동안 위와 같이 원산지를 표시하여 D를 찾는 불특정 다수의 소비자에게 짜장면, 짬뽕 등 총 30종의 음심(수량미상), 시가 금액 1,700,000원 상당을 판매하면서 중국산 고춧가루로 제조된 배추김치 120kg 을 반찬으로 제공하였고, 동일한 목적으로 제공하기 위하여 같은 배추김치 20kg 을 업소 내 반찬통에 보관함으로써 농수산물의 원산지 표시에 관한 법률을 위반하였다.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine the benefit of the defendant.

Supreme Court Decision 2008Do9890 Decided February 12, 2009