Defendant shall be punished by a fine of two million won.

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

Punishment of the crime

The defendant is a person who actually operates and manages a general restaurant of the Criart in Jeju.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from September 7, 2016 to April 24, 2017, the Defendant: (a) purchased at the above restaurant in Korea; (b) from D in Korea in KRW 2,760 g 3,312,000; and (c) provided customers with the Kim Gi-so and the bottom side of the kimchi, provided customers with the country of origin of distribution kimchi as “kim-chi-domestic products, Chinese products, and Chinese products (domestic products, Chinese products, and Chinese products)”; (c) indicated the country of origin of distribution kimchi as “kim-domestic products, Korean products, and Chinese products,” and indicated that it is likely to cause confusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report on the offender;

1. A statement of the detection;

1. Each investigation report (the details of purchase of evidence on the spot of the violation, photographs of the middle Korean distribution system), and the application of statutes;

1. Article 15 and Article 6 (2) 1 of the former Act on the Origin Labeling of Agricultural and Fishery Products (Amended by Act No. 14291, Dec. 2, 2016) on the facts constituting an offense

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment is that water kimchi among kimchi provided to customers is made using domestic agricultural products, and that the same kind of mistake is not committed again;

Even when considering favorable circumstances, such as the fact that the defendant's crime of this case was committed, the period in which the defendant committed the crime of this case has reached seven months, and considering the fact that the defendant's liability for the crime was grave, it is determined that the amount of fine in the summary order is appropriate.