A. Fact-misunderstanding [the G M&C crime (the crime committed with Defendant B, as indicated in the judgment below, of the court below)] The amount of goods and sales proceeds of the swine scrap sold by the Defendant using a false country of origin labeling was calculated falsely, and the total sales amount would not exceed KRW 500 million if calculated in conformity with the actual facts, the court below found the Defendant guilty of this part of the facts charged, even though the total sales amount was not more than KRW 500 million.

B. The sentence of the lower court against an unfair defendant in sentencing (a year and April of imprisonment and a fine of KRW 30 million) is too unreasonable.

2. Determination

A. As to the assertion of factual mistake, the following circumstances, namely, ① from July 11, 2015 to August 2017, employees who were in charge of the business of falsely indicating the origin of the imported swine machine at home upon the Defendant’s instruction while working in G Matcop from July 1, 2015 to sell the imported swine machine at home upon the Defendant’s instruction, stated that: (a) 7% of the total volume of the meat purchased from a wholesaler; (b) 5% of the total volume of the meat purchased from a wholesaler; (c) 0% of the total volume of the livestock products purchased from a wholesaler; and (d) 0% of the total volume of the livestock products after the deduction (Evidence No. 1727 to 1728 of the evidence record); (c) 20% of the total sales price of the said products; (d) 30% of the total sales price of the said products; and (e) 30% of the total amount of the said products overlap.

According to the photographs taken from G Matcop at the time of the detection on July 10, 2017, the statement (Evidence No. 375 to 377 of the evidence record), 26,500 won/km, indicating that the Mexico Patco Patus overlaps with the domestic fatum batum bats or overlaps with one fatum batum batum bats.