A. (1) Fact-misunderstanding (1) Defendant A attached a label (hereinafter “instant label”) specified as Japanese origin to the destroyed 919 Gashes sold in V (hereinafter “919 Gashes”). Defendant A made it clear that the country of origin was displayed, and Defendant A had no intention to sell the instant label on the destroyed 911 Gashes (hereinafter “91 Gashes”) that were kept in N’s workplace. As such, Defendant A had attempted to place a false or misleading indication of origin.

Therefore, the court below which found the defendant guilty has erred by mistake of facts.

(2) Defendant B was unaware of the fact that Defendant A’s act of falsely indicating or misleading the place of origin of the destroyed goods was committed, and the Defendant did not participate in the act at all. Therefore, the lower court which found Defendant A guilty erred by misapprehending the facts.

B. Improper sentencing (1) Defendant A’s sentence (2 years of suspended sentence for 8 months of imprisonment, fine 10 million won, confiscation) is too unreasonable.

(2) Defendant B’s punishment (2 million won) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the appellate court on Defendant A (A) 919 on the assertion of fact, the size of the gambling room that was used by the Defendant for the subdivision of Japanese acid (hereinafter “instant gambling”) is 38cm X 14cm X 9cm, ② Jindo on the broad side of the instant gambling, ② Jindo on the broad side of the instant gambling, ② Jindo Jindon’s name, “Jindo,” and the Jindo-gunn Association of Jindo-gun Nam-gun South Korea Association of Jindo-gun, “the country of origin,” etc.: Domestic origin: ③ the size of the instant labelling is 7.5cm 6cm X 5cm; ④ the country of origin in Japan; ④ the size of the instant labelling is 3cm in this case and 5cm in this case.