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 operates a general restaurant in the column of “D” in Chungcheong City C.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, from May 23, 2017 to September 1, 2017, the Defendant purchased KRW 240 km 244,000 using Chinese Chinese Chinese Chinese red powder in Chungcheong F, and marked the country of origin on the country of origin sign “70 % domestically produced and 30% domestically produced” on the country of origin sign, and provided 180 km to many unspecified persons who find the place of business. From May 23, 2017 to September 1, 2017, the Defendant kept 60 km kimchi for the same purpose.

As a result, the Defendant falsely indicated the country of origin of red powder, which is processed agricultural and fishery products.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. A statement of the detection;

1. Investigation reports (specifics on the quantity purchased for non-compliant items);

1. The defendant and his defense counsel did not indicate the fact that the defendant did not indicate the country of origin of the red powder, but the country of origin of the red powder posted in the place of business is not related to kimchi, but to the red powder used for kimchi. Since the defendant actually uses the red powder mixed with 70% domestically produced and 30% domestically produced, it is argued that the country of origin is not false.

However, according to Article 5(3) of the Act on Origin Labeling of Agricultural and Fishery Products enforced at the time of the instant case, Article 3(5) of the Enforcement Decree of the same Act, Article 3 subparag. 2 and attached Table 4 of the Enforcement Rule of the same Act, where a food entertainment business operator should indicate the origin separately from the country of origin of the red powder, the case is limited to the case where “the red powder using the red powder” is sold and provided, and it is not necessary for the Defendant to display it separately.