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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 15,000,000.
The above fine is imposed against the Defendants.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found Defendant A guilty of the facts charged against the Defendant on the ground that the Defendant did not have engaged at all in the advertisement of this case, and there was an error of law by misunderstanding the facts or misunderstanding the legal principles as to joint principal offenders, and even if not, the judgment of the court below is unfair because its punishment (one year of imprisonment and two years of suspended
B. The punishment of Defendant B (one year of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. On December 28, 2006, the lower court duly admitted and investigated the following circumstances: (a) around the time when the said Defendant sent to F Co., Ltd. a document stating “F Co., Ltd.’s representative director the suspension of the supply of raw materials for nanotechnology and the prohibition of the use of advertising materials”; and (b) around January 10, 207, F Co., Ltd respondeded to H Co., Ltd. to the purport that “the instant document was manufactured by the NAJ pulververververging machine” would not be used; (c) around January 10, 2007, H Co., Ltd.’s response to the purport that the Defendant would continue to use other advertising phrases; and (d) around August 16, 2007, H Co., Ltd.’s first letter of request for the alteration of the content of the products “the first letter of request for the alteration of the content of the products made to F Co., Ltd.’s representative director (“the foregoing change of the content of the products”).