The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The lower court’s punishment of a fine of 1.3 million won against the Defendant in the summary of the grounds for appeal is too unreasonable.

2. In light of the legislative intent of the Act on Origin Labeling of Agricultural and Fishery Products for the purpose of protecting producers and consumers by guaranteeing consumers’ right to know by allowing them to indicate the country of origin with respect to the judged agricultural products in an appropriate and reasonable manner, and inducing fair trade, the instant act is disadvantageous to the Defendant.

Meanwhile, the fact that the Defendant is recognized to commit the crime, and the fact that the Defendant’s false indication of origin was 28 km and 1kg already sold swine, and thus, it cannot be deemed that the amount is relatively large (this is a situation favorable to the Defendant that was sold or intended to be sold at the cost of swine, etc. in combination with the U.S. swine, etc. (this 237 km was a domestic acid).

In full view of the above-mentioned normal relationship, the defendant's age, character and conduct, environment, etc., it is determined that the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and Articles 15 and 6 (2) 1 of the Act on the Origin Labeling of Agricultural and Fishery Products (Selection of Fines) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;