The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts), although the defendant could be found to have violated the Act on Origin Labeling of Agricultural and Fishery Products, as stated in the facts charged, the court below acquitted the defendant of the facts charged due to mistake of facts.

2. Determination

A. The summary of the facts charged is that the Defendant is a person engaged in food entertainment (general restaurant) in the “D” located in the Ysan-gu Seoul Metropolitan City, Jeonju-si C.

No person who sells or provides agricultural and fishery products prescribed by Presidential Decree or the processed products thereof after cooking shall place a false place of origin labeling or place a mark likely to cause confusion as such.

Nevertheless, during the period from June 28, 2014 to July 14, 2014, the Defendant purchased KRW 364,000 per box 26,00 for 14 boxes (10km, total of 140km per box) manufactured from the F (representative G) located in Yansan-gu, Jeonju-si in Korea, and from the Chinese red powder (H: product name).

During the period from June 28, 2014 to July 14, 2014, the Defendant provided to customers with Chinese Chinese Chinese red powder as a counter-contributation, and falsely indicated the origin of Chinese Chinese kimchi on the mark of origin and merap New Markets in the business place as a domestic product.

피고 인은 위 기간 동안 위와 같이 원산지를 표시하여 D를 찾는 불특정 다수의 소비자에게 짜장면, 짬뽕 등 총 30 종의 음심( 수량 미상), 시가 금액 1,700,000원 상당을 판매하면서 중국산 고춧가루로 제조된 배추김치 120kg 을 반찬으로 제공하였고, 동일한 목적으로 제공하기 위하여 같은 배추김치 20kg 을 업소 내 반찬 통에 보관함으로써 농수산물의 원산지 표시에 관한 법률을 위반하였다.

B. The lower court’s judgment, that is, the following circumstances acknowledged by the record, i.e., ① the Defendant’s product name of quachi at the time when he was supplied with quachi from F from May 2014 by the police.