Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who actually operates a general restaurant in the name of “E” located in Jeonbuk-gun, Jeonbuk-gun.

No person shall make a false indication of origin or make an indication which may cause confusion as to the origin.

그럼에도 피고인은 2014. 10.경부터 2015. 2. 4.경까지 사이에 김제시 황산면 콩쥐팥쥐로 444-12에 있는 주식회사 곰소에서 중국산 배추김치 24상자 240kg을 구입한 후, 2014. 10.경부터 2015. 2. 6.경까지 사이에 위 음식점에서 위와 같이 구입한 중국산 배추김치 136kg을 반찬으로 제공하면서 원산지를 국내산으로 거짓 표시하였으며, 같은 목적으로 제공하기 위해 위 중국산 배추김치 4kg을 보관하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written confirmation;

1. A statement of detection;

1. Detection site photographs;

1. Application of Acts and subordinate statutes to investigation reports (specific details of violations);

1. Relevant Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant has both committed the instant crime and is against the defendant, and that the defendant has no same criminal records, is favorable to the defendant.

However, the act of false indication of origin, such as the crime of this case, requires a strict punishment of social harm, such as infringing consumers' right food choice and trust and impairing the sound distribution order of agricultural products, etc. The period of the crime of this case is shorter, and it cannot be said that the transfer of domestic kimchi provided by the defendant is less than the period of the crime of this case, and the punishment is determined as ordered in consideration of all the various sentencing conditions as shown in the argument of this case.

It is so decided as per Disposition for the above reasons.