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

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

Punishment of the crime

The defendant is a person who conducts food entertainment business (general restaurant) while operating a restaurant under the trade name of "C" in the Chungcheong-dong B.

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 January 24, 2019 to September 14, 2020, the Defendant purchased at KRW 410km G 402,040 of Chinese Chinese Chinese worship Kim (name of a product: this third Kimchi) in the E E Eart D located in Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, 2019, and sold to customers 116 of the above restaurant after cooking it as a kimchi, the 348km of which was prepared in the above restaurant, and offered customers with the 60km of KRW 116 of the group of 116,00. The 60km volume was provided to customers for the same purpose. However, even if the 2 km volume was kept in the above restaurant for the same purpose, the Defendant made a false indication of origin by stating “in Korea,” “in Mau, in Korea,” and “in Korea, in China,” and making a false indication of origin.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the fact of detection, photographs of the scene of detection, business registration certificate, and copy of business report;

1. Application of Acts and subordinate statutes to investigation reports (including details of the purchase of domestic Korean traditional kimchi), confirmation documents, stations in purchase (transaction), and copies of specifications of transactions;

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 act of falsely marking the country of origin of agricultural and fishery products or the processed products thereof for the reason of sentencing under Article 334(1) of the Criminal Procedure Act shall be deemed to be disadvantageous to the act of impairing consumers' right to know and fair trade.

Although it seems that the defendant's profit gained in operating a restaurant is not significant, the period of crime with the false indication of origin of the quachi ingredients is not shorter.

The defendant shows his attitude to recognize and reflect the crime of this case.