The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant committed the same or similar crime twice in the past and was sentenced to a fine and suspended sentence, and that the right of choice of consumers was infringed due to the instant crime, as well as that the social trust in the country of origin was significantly damaged, the Defendant’s liability for the crime is not easy.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and committed mistake; (b) appears to have suspended the business of the company “D” that was operated at the time of the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the various conditions of sentencing specified in the instant records and arguments, including the circumstances after the instant crime, are considered unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Imprisonment with labor;