A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person engaged in food manufacturing and processing business by manufacturing and selling various bread, etc. under the trade name of “C” in Chungcheong City B.

No one shall falsely indicate the place of origin of agricultural and fishery products or processed agricultural and fishery products, or place a mark likely to cause confusion therewith.

Nevertheless, from September 2, 2018 to July 2, 2019, the Defendant manufactured the import bags (place of origin: the United States, Australia, Canada, etc.) purchased from Sungnam-si “E, etc.” located in Sungnam-si, etc., and indicated the place of origin of the goods as “Korea” and “J” and the name of the goods” in the product packaging, as shown in the attached list of crimes, as indicated in the attached list of crimes, as “F (U.S.), a food material distributor exclusively for school meal services,” “F (F (U.S.),” and “H (U.S. 186,392,450 won).

Accordingly, the Defendant made a false indication of origin or a false indication of the raw materials of agricultural and fishery products or processed agricultural and fishery products or made an indication that may cause confusion about the country of origin.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. A statement of the details of detection, a photograph of violation evidence, and a report on each internal investigation;

1. Application of Acts and subordinate statutes to investigation reports (the details of purchase of imported smuggling), investigation reports (the specific period of violation), investigation reports (the quantity of domestically labeled products sold according to specific period of violation) and investigation reports;

1. Article 14 (1) and Article 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of Imprisonment with prison labor for facts constituting an offense and for the selection of punishment;

1. Circumstances unfavorable to sentencing under Article 62(1) of the Criminal Act: The defendant was punished for a period of six years of imprisonment for the same kind of crime in June of 2017 and began to commit the instant crime during the period of suspended execution, and circumstances favorable to the fact that the crime is not good in light of the long-term period of crime and the quantity of bread manufactured and sold: The defendant was in depth of committing the instant crime through nearby confinement life for three months.