All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The term "advertisement" means any means widely known to the general public;

However, the substance is an advertisement, but it is also a type of advertisement such as the so-called "professional advertising", which takes the form of an article.

Such news-type advertisements may cause general readers to easily mislead them as news articles, not "advertisement", according to their composition, contents, and editing methods.

In other words, general readers are aware of the advertisement as news articles and trust that newspaper companies, online newspaper companies, etc. (hereinafter referred to as " newspaper companies, etc.") have fulfilled their duty of care necessary for preparing news reports based on their ability to collect information and are likely to accept it as a fact.

In addition, Article 6 (3) of the Act on the Promotion of Newspapers, Etc. (hereinafter “News Act”) provides, “The editors of newspapers and online newspapers and the news article layout managers of online news services shall edit news articles by clearly distinguishing news articles from advertisements so that readers do not confuse news articles and advertisements.” The purpose is to prevent such misunderstanding or confusion, thereby protecting the rights and interests of readers.”

Therefore, in cases where a newspaper company, etc. publishes news-type advertisements by delivering contents promoting specific products, etc. from an advertiser, it should be clearly indicated that it is an advertisement so that readers can determine the value of the relevant information and make a reasonable selection and decision on the premise that it is an advertisement, and it should not use any indication or expression that may be mistaken as a news engineer.

A newspaper company, etc. shall post a false content as a news article in a false or exaggerated advertisement delivered by an advertiser, or publish a false content as a news article in a report based on the contents delivered by an advertiser, and thus a reader trusted as a news article other than an advertisement shall conduct commercial transactions with the advertiser.