The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 10.0

1. Summary of grounds for appeal;

A. According to the facts charged in the instant case of mistake of facts, when calculating the Chinese red powder sold by a stock company B (hereinafter “B”), it is a total of 32,626 kmg. However, if B purchases from February 12, 2018 to June 28, 2018 from February 12, 2018 to June 28, 2018, it is a total of 14,000 km and includes 4,029 km and carried over in the previous year, it is only a total of 18,029 km.

Therefore, the amount of red paper powder sold by the Defendant with the false indication of origin, which was recognized by the lower court, is much much much exaggerated than the actual amount.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly adopted and examined evidence in the judgment on the assertion of mistake of facts, the Defendant: (a) committed all of the instant charges from the investigative agency to the court below’s court; (b) the Defendant reported the head of the sales ledger and electronic tax invoices, etc. at the investigative agency; and (c) specifically stated the mixed ratio of domestic and foreign molds with regard to the pertinent sales amount during the period; and (d) the Defendant discovered about 50-100% of the sample collected from some of the red powder sold by the Defendant as a result of the current observation of the c) the fact that the Defendant sold them by mixing them with domestic and foreign molds at the same rate as the instant facts charged.

As long as an investigative agency cannot be readily concluded that it has secured all data, such as books of account for the purchase of Chinese and Chinese molds powder, it is difficult to view that the purchase volume of Chinese and Chinese molds powder in B is 18,029 g only. Even if there is a little difference in the ratio of mixing of molds in which the Defendant stated, it is constituted by selling agricultural and fishery products or processed products thereof, which bear a mark of origin, mixed with other agricultural and fishery products or processed products thereof.