표시ㆍ광고의공정화에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the following facts are sufficiently acknowledged by the Defendant’s act of labeling or advertising that is likely to mislead consumers by labeling or advertising differently from the fact or ambiguously, by explaining the fact that the Defendant, while advertising bagrat heat bags in a manner that lead to confusion between the “sagrout pipe” and the “sagrout pipe.”
Nevertheless, the judgment of the court below that acquitted the defendant on the ground that there was an error in the misapprehension of the facts, and there was an error in the misapprehension of the facts (the prosecutor argued that the advertisement, “the heat studing with the string pipe of patented products”, constitutes false or exaggerated indication and advertisement, but the amendment of the indictment was made to the effect that this part of the facts charged was withdrawn on the third trial date, as seen earlier, and this part of the allegation was withdrawn. As such, it is reasonable to view that the prosecutor’s ex officio judgment on February 2, 199, when the facts charged were raised on the third trial date of the trial of the court of the first instance, the prosecutor applied for the amendment of the indictment with the contents of “criminal facts” as stated below, and this court permitted this and thereby changed the subject matter of the judgment.
Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s assertion of misunderstanding the facts, and the judgment below is reversed and it is again decided as follows after pleading.
[Judgment of the court below] A criminal defendant is a person who manufactures bedclothes, etc. and engages in wholesale and retail business with the trade name "D" in Gwangju Mine-gu C.
A business operator, etc. shall not engage in any act of labeling or advertising that is likely to deceive or mislead consumers, which is likely to undermine fair trade order.