The prosecutor's appeal is dismissed.

1. The lower court determined that the instant facts charged constituted a case where there was no proof of a crime, despite the fact that the act of advertising “non-pest-free agricultural and fishery products” without certification under the Environment-Friendly Agriculture Business Act (hereinafter “environment-free agricultural and fishery business Act”) was subject to punishment.

2. Determination

(a) No person who outlines the facts constituting an offense charged shall advertise any non-certified product as a certified product, or advertise any product differently from the certified product, in a manner that misleads people into thinking it is a certified product;

From August 10, 2016 to September 23, 2016, the Defendant, while operating “D” in the East Sea C from August 10 to September 23, 2016, sold eggs, which did not obtain agricultural product certification from non-pest-free products, through an Internet site, G market, and 11-A, advertised “ pesticide-free eggs” on the said site.

B. The lower court’s judgment: (a) although it is recognized that the Defendant, as indicated in the facts charged, sold eggs that did not have been certified as agricultural products without agricultural chemicals through an Internet site, such as a rooftop; (b) and (c) it was subject to punishment, in violation of Article 25 subparag. 5 of the former Environment Promotion Act (wholly amended by Act No. 11459, Jun. 1, 2012) (Article 17-5) “a person who advertised agricultural products that did not have been certified as environment-friendly agricultural products under Article 16(1) or advertised agricultural products that did not have been certified differently from the content certified as environment-friendly agricultural products” by punishing “a person who advertised agricultural products that did not have been certified as agricultural products without agricultural products,” contrary to the above amendment, regardless of whether the false certification mark was affixed, or whether there was possibility of confusion with agricultural products that were certified.