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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, although Defendant A falsely indicates the place of origin of agricultural and fishery products with the early domestic origin as stated in the facts charged in this case, and can sufficiently recognize the fact of deceiving victims by means of false representation as if the early domestic production was domestically broad mining costs, the court below acquitted the victims of all of the facts charged in this case, which is erroneous in the misapprehension of facts.
2. Determination
A. On August 21, 2015, Defendant A violated the Act on Origin Labeling of Agricultural and Fishery Products, Defendant A’s violation of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Defendant A”) had the female fathers, who had been giving daily allowances of 800 straws at the place of work of the Defendant’s fishery partnership in Yong-gun, Nam-gun, Nam-gun, and operated the 800 straws early domestically in Korea, and let them spread salt and make 1,436 straws per 1,436 straw, and 1,436 strawed down, 1,436 straws. After being built in the water, Defendant A was dried up with the printed belt “Korea”.
In addition, from August 21, 2015 to March 31, 2015, the Defendant falsely labeled the origin of agricultural and fishery products by marking the early domestic origin at home five times as shown in [Attachment Table 1] from around August 21, 2015 to making a total of 5,959.
2) On September 1, 2015, Defendant A’s fraud: (a) around September 1, 2015, Defendant F, who is engaged in the fishery products distribution business in the above B offices of fishery partnership corporations, had been aware of the fact that it was early domestically in Korea; and (b) deceiving the victim as if it was a domestic mining excavation expenses; (c) sold 15 two early domestically in Korea to the victim; and (d) received KRW 50,000 as the price therefor.
including this, the Defendant from August 31, 2015 to the same year.
9. Until December 23, 200, the early domestic production is domestically produced over 45 times as shown in Appendix 2 [Attachment 2].