The judgment of the court below is reversed.

Defendant

A, in six months of imprisonment, Defendant B shall be punished by a fine of KRW 15 million.

1. Summary of grounds for appeal;

A. The argument of mistake of facts or misapprehension of legal principles is examined together with the assertion or ex officio after the appeal of grounds for appeal is not timely filed.

Defendant

A did not indicate that the country of origin is erroneous, and there was no intention to mislead the country of origin.

B. The lower court’s sentence of unreasonable sentencing (the sentence of imprisonment for one year (two years of suspension of execution of imprisonment) and 120 hours community service work, Defendant B corporation: fine of 30 million won) is too unreasonable.

2. An ex officio determination prosecutor filed an application for modification of an indictment with the content that “an amount equivalent to KRW 11,619,315,170,” among the facts charged in the judgment of the court below, changes “amounting to KRW 11,619,315,170,” to “a total of KRW 11,619,315,170,” and the subject of the judgment was changed by

Therefore, the judgment of the court below cannot be maintained as it is.

However, the Defendants’ assertion of misunderstanding of facts or misunderstanding of legal principles is still included in the subject of a trial. Therefore, the Defendants’ assertion of misunderstanding of facts or misunderstanding of legal principles is examined.

3. Judgment on misconception of facts or misapprehension of legal principles

A. Article 77(1) of the Regulations on External Trade Management provides that “goods likely to cause a final buyer to misunderstand the origin of the relevant goods as their trade name, trademark, region, country, or language name are different from the origin of the imported goods” under Article 33(4)1 of the Foreign Trade Act, and Article 77(2) of the said Regulations provides that “The imported goods falling under paragraph (1) shall indicate the origin on the front of the relevant goods or packaging and containers in accordance with Article 76, and where it is difficult to distinguish the front and rear of the relevant goods from their characteristics or it is difficult to indicate on the front or rear, etc., they shall indicate the origin in close vicinity to the indication that causes a misunderstanding of the origin.”

In addition, Article 2 subparagraph 2 of the Notice on the Operation of the Origin System is "Country."