A. Mere-misunderstanding of facts or misunderstanding of legal principles, the Defendant’s Mere New Markets (No. 18 pages of evidence records; hereinafter “this case’s Mere New Markets”) submitted by the Defendant’s employees at the time of sale of domestic pigs, which was used by the Defendant at the time of sale, and only after the Defendant sold imported pigs from January 201, it was kept without using them.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the fine of KRW 10 million) is too unreasonable.

2. The facts charged in this case and the judgment of the court below

A. The Defendant charged with the instant charges is a person who operates general restaurants in the name of “E” located in Masan-si, Changwon-si, Changwon-si.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

From January 22, 2011 to March 17, 2012, the Defendant purchased 2,597.8kg from the G’s mutual meat wholesale store of “F” to KRW 8,500 per kilogramg, and sold 2,587.8kg of Germany’s swine powder with the country of origin indicated on the said establishment as domestic acid, and stored 10k of Germany’s swine powder in the air conditioners for the purpose of selling remaining 10k of Germany’s swine powder.

B. The court of the court of the original judgment found guilty of the facts charged in this case by taking account of each evidence of the judgment of the original court.

3. Judgment of the court of the trial

A. In light of the following circumstances acknowledged by the record as to the assertion of mistake of facts or misapprehension of legal principles, the facts charged in the instant case can be fully recognized, so the Defendant’s mistake of facts.