A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From June 2003, the Defendant is a person who manufactured and sold kimchi with the brand called “E” while running food manufacturing and processing business under the trade name of “D” in Chungcheong City C from June 2003 to the present.

1. No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of the place of origin or make an indication that may cause confusion as to the place of origin;

From May 2013 to July 16, 2013, the Defendant purchased from the above “D” workplace, from the “G” and “H” located in Chungcheongnam-si, and purchased from the “G” and “H”, and subsequently falsely indicated the origin of kimchi products manufactured by using the products as “domestic acid”, and then sold an aggregate of KRW 103,720 ggggs, totaling KRW 183,350,00,000, over several occasions, to the “K,” “L,” “M,” “N,” “O,” and “P,” and sold the products totaling of KRW 10,630 ggggggs, totaling KRW 29,621,600 to the individual consumers.

2. Notwithstanding that a food manufacturing and processing business operator in violation of the Food Sanitation Act has a warehouse that can store and manage raw materials and products in a sanitary manner, the Defendant failed to have sufficient storage to store and manage such raw materials and products in a sanitary manner at the aforementioned “D” place of business on July 16, 2013, and failed to have sufficient storage to store and manage such raw materials and products in a sanitary manner, thereby violating the Food Sanitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Report on the results of controlling illegal foods, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 15 and 6 (2) 1 (a false point of origin labeling) of the Act on Origin Labeling of Agricultural and Fishery Products for criminal facts, Articles 97 subparagraph 4 of the Food Sanitation Act, and Article 36 subparagraph 1 (a point of violation of facility standards) of the Food Sanitation Act; the choice of each imprisonment sentence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.