The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles), the fact that the defendant made indications that may cause confusion with the indication of origin as to the raw materials of mermeral rice, etc. is sufficiently recognized.

2. Determination

A. The summary of the facts charged is a person who is substantially operating as a representative of CD (Telecommunications Sales Business) located in Jeju.

Agricultural and fishery products or the processed products thereof prescribed by Presidential Decree, are produced, processed, shipped, or sold (including mail orders).

A person who stores or displays agricultural and fishery products or processed agricultural and fishery products for sale shall indicate the country of origin on the raw materials of such products, and no person shall make a false indication of the country of origin or make a false indication or make an indication likely to cause confusion as to such products.

Nevertheless, on November 10, 2015, the Defendant sold Dameral rice, a mail order company located in Jeju-si, through the Internet, and indicated the origin of Mameral rice, which was made up of the Republic of Korea, as “in the country of origin,” on the top side of the price display, the Defendant sold Mameral rice, a mail order company located in Jeju-si, and sold Mameral rice, a total of 69 kilograms B, 8,378,00 won, without indicating that the Defendant would confuse the origin of Mameral rice, along with the phrase “ Jeju-si rice,” “Seoul-si, Jeju-si, and Mameral rice,” the Defendant sold Mameral rice, a total of 69 kilograms B,378,000 won.

B. The lower court determined that the Defendant, based on the evidence alone submitted by the Prosecutor, indicated that the Defendant could cause confusion as to the raw materials of mermeral rice tea with the indication of origin.

It is difficult to readily conclude that there is no other evidence to acknowledge it, and thus, acquitted the instant facts charged.

(c)

(A) The burden of proving the facts charged in a criminal trial is the prosecutor, and there is no room for a judge to make a reasonable doubt.