Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of “D” in Namyang-si.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, the Defendant, from January 20, 2018 to March 15, 2018, provided the said business establishment to customers pro rata 90 kg of Korean Chinese worship Kimchi in the country of origin, and indicated it as “cins powder (domestic)” in the indication column of origin.

Accordingly, the Defendant made a false indication of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Details of purchase of domestic culture-based kimchi);

1. Application of Acts and subordinate statutes to photographs of evidence on the violation site;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Articles 14 (2) 1 and 6 (2) 1 of the same Act;

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

1. The instant crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order requires strict punishment that undermines the consumer’s trust in the country of origin of agricultural and fishery products.

On the other hand, however, the defendant's mistake is recognized, and it is the first offense.

In addition, the scale of business, the details of the instant crime, the circumstances before and after the instant crime, the age, sex, environment, etc. of the Defendant shall be determined by comprehensively taking into account.