전자상거래등에서의소비자보호에관한법률위반
All appeals by the Defendants are dismissed.
1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)
A. The Defendants are co-operating companies that supply goods in the CJ shopping operated by Korea Home Shopping Co., Ltd. (hereinafter referred to as the “CJ shopping”), and are not the parties that indicate and advertise the goods. The Defendants are merely those who supply goods in the CJ shopping operated by Korea Home Shopping Co., Ltd. (hereinafter referred to as “SJ shopping”).
Therefore, there was no false indication or advertisement (hereinafter “instant indication or advertisement”) of the goods on which the order was made as shown in the List of Crimes No. 1 through No. 3 in the judgment of the court of first instance.
B. Since products advertised in i, i, or CJ sunset are actually sold to, and installed and delivered to, consumers, there is no falsity in the instant labeling or advertisement.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined in the first instance court of the facts found, the following facts can be recognized:
1) The Defendants filed a report on communications sales business to register each of their respective stock companies as home shopping or CJ shopping cooperation companies.
According to the above and consignment transaction agreement entered into between the Defendants and Home shopping or CJ shopping, the Home shopping or CJ shopping is paid to the subcontractor the sales price of goods after deducting a fixed amount of commission from the sales price of goods supplied by the subcontractor under certain conditions through electronic commerce or other means through the Internet in his/her own name.
2) The above and the consignment transaction agreement entered into by the home shopping company and the subcontractor must comply with the laws and regulations related to the manufacture and sale of goods supplied by the subcontractor, such as the Act on the Consumer Protection in Electronic Commerce, Etc. and the Act on Fair Labeling and Advertising.
“Cooperatives” shall relate to data and goods necessary to comply with all the provisions of the laws and regulations related to data, quality control and sale necessary to implement this Agreement.