The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

The above fine shall be imposed on the defendant.

1. The lower court found the Defendant guilty of violating the Act on Origin Labeling of Agricultural and Fishery Products and the Food Sanitation Act, which committed a crime in relation to the crime.

On this issue, only the defendant appealed, and the prosecutor did not appeal.

In such a case, the portion of innocence is also transferred to the appellate court along with the portion of conviction in accordance with the principle of non-guilty appeal. However, since the portion of innocence has already been separated from the object of attack and defense between the parties, the portion of innocence cannot be re-determined by this court

(See Supreme Court Decision 2009Do12934 Decided January 14, 2010). Therefore, this Court does not render a separate judgment on the part of innocence against the Defendant.

2. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment, a fine of 10,000,000 won) is too unreasonable.

3. The gist of the instant crime is as follows: (a) the Defendant, in collusion with B, indicated as domestic acid and heavy Korean acid for the period from 2017 to 2018; (b) indicated as the Korean acid; (c) sold KRW 344,410,00 in total by putting them into Korea by mixing Chinese and Vietnam for the same period; and (d) sold KRW 344,410,00 in total by adding a separate straw in addition to those produced in the raw material straw.

Crimes that falsely indicate the origin of raw materials for processed agricultural products are detrimental to consumers' choice and trust and disrupt the sound distribution order of food by providing false information, and crimes that manufacture and sell food in breach of the standards and specifications are serious threats to national health.

Since the amount of red paper powder manufactured and sold by the defendant is not so large that the period of crime and the sales amount are also reasonable, the quality of crime is not good.

The defendant on March 2013.