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(영문) 서울남부지방법원 2018.07.11 2018고단2014
표시ㆍ광고의공정화에관한법률위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual representative of the Yeongdeungpo-gu Seoul Metropolitan Government Committee for the Settlement of Securities and Media Business Co., Ltd. located on the sixth floor of the D Building.

No business operator, etc. shall place any false or exaggerated indication or advertisement which is likely to undermine the fair trade order, any unfair comparison or advertisement, etc., or cause another business operator, etc. to do so, which is likely to deceive or mislead consumers.

Nevertheless, from March 2017 to September 2017, the Defendant advertised (F) and media operated by the Defendant, Internet-based advertising, etc. ① Integrated yield of 4,000%, ② “Isket trading program to create high-risk high-risk high-risk high-risk high-risk high-risk high-risk high-risk income”, ③ “Isket trading program” and “Isket return for three consecutive years,” and advertised false or exaggerated indication and unfair indication.

2. The instant facts charged are crimes falling under Article 17 Subparag. 1 and Article 3(1)1 of the Act on Fair Labeling and Advertising, and Article 71 of the Monopoly Regulation and Fair Trade Act is applied mutatis mutandis pursuant to Article 16(3) of the same Act, and thus, a public prosecution may be instituted only when the Fair Trade Commission files an accusation (see Supreme Court Decision 2014Do100, Nov. 13, 2014). In light of the records of the instant case, there is no evidence to acknowledge that there was an accusation by the Fair Trade Commission, and thus, the procedure for filing a public prosecution constitutes invalid in violation of the provisions of law.

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

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