If the defendant does not pay the above fine, KRW 100,000.

The defendant is a person who sells fishery products in the name of "C" in the Gyeonggi-do City B market.

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

그럼에도 피고인은 2019. 1. 31. 10:00경 일본산 우렁쉥이(멍게) 3kg(kg당 6,000원)을 경기도 시흥시 B시장에 위치한 D으로부터 매입하여 그 즉시 일반소비자에게 kg당 10,000원에 판매할 목적으로 피고인이 운영하는 C 내 수족관에 보관하면서 국산으로 기재하여 원산지를 거짓으로 표시 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of business registration certificate and detailed statement Acts and subordinate statutes;

1. Relevant Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is the defendant's trust as to the indication of the origin of fishery products, and its criminal liability is not minor.

However, the defendant shows his attitude to recognize the crime of this case and to reflect in depth.

There is no record that the defendant has been punished for the same crime.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the size and period of sale by the defendant with the false indication of origin, the profits that the defendant actually acquired, age, character and conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime.