No business operator shall commit any act of labeling or advertising that is likely to deceive or mislead consumers, which is likely to undermine fair trade order.

On January 10, 2018, the Defendant distributed advertising leaflets with the content of selling 36 products, such as 9,000 "Seoul brand F1.60, 49,000", in addition to "1.56 mid-to-mid-date coping 15,00,000 early 15,000 early 200.

However, the above "1.56 mid-to-date printing" was indicated as "the Defendant sells the product of KRW 15,000 at the market price to KRW 7,00,000" with the product whose market price has not been determined, as well as other 36 products also indicated that they are sold after the reduction of the price, and thus, they did not specify the standard for comparison price and the point for the reduction of the price, thereby doing an act that is likely to undermine fair trade order as an indication and advertisement that is likely to mislead consumers.

2. The facts charged in the instant case are crimes falling under Article 17 subparag. 1 and Article 3 subparag. 1 of the Act on Fair Labeling and Advertising, which are applicable mutatis mutandis to Article 71 of the Monopoly Regulation and Fair Trade Act pursuant to Article 16(3) of the same Act, and thus a public prosecution may be instituted only when the Fair Trade Commission files a criminal charge.

However, according to the records of this case, there is no evidence to acknowledge that there was an accusation by the Fair Trade Commission prior to the institution of public prosecution of this case. Thus, the facts charged of this case constitutes invalid because the procedure of public prosecution

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.