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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant .
Reasons
The judgment of the court below that convicted Defendant A of this part of the facts charged is erroneous by misapprehending the legal principles or by misapprehending the legal principles as follows, which affected the conclusion of the judgment.
The set produced and sold by the Defendant (hereinafter referred to as the “art”) is set to prevent a dump to the bathing room floor. It is clear that the environment in use is below 150°C, unlike the inspection environment on the inquiry reply by the Korea Testing and Research Institute, unlike the lower court.
Therefore, in the actual place of use, such as a general home, hospital, etc., the environment hymon is not detected in the instant hys.
Therefore, the contents advertised by the Defendant as stated in the facts charged in the instant case are permissible under the general commercial transaction practices and the good faith principle, and it cannot be deemed as a deception of fraud.
Even if the contents of the advertisement, such as the facts charged, constitute deception of fraud, the victims purchased the instant sheet due to the above advertisement.
Therefore, there is no relation between the above deception and the victim's disposal act.
Even if a crime of fraud is established with respect to Defendant’s act, it cannot be deemed that the crime of fraud is established with respect to the entire sales amount of Defendant B, as shown in the instant facts charged. However, it should be deemed that the crime of fraud is established only with respect to its net profits
The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.
Defendant
The sentence (20 million won) imposed by the court below on the defendant, a corporation, is too unreasonable.
Judgment
Defendant
There is a little exaggeration or falsity in the publicity or advertisement of the product in question, whether it constitutes a deception or a mistake of the facts of the A's appeal or a mistake of the legal principles.
Even if there is a general commercial practice and good faith principle.