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(영문) 창원지방법원 2016.04.06 2015고정1126
표시ㆍ광고의공정화에관한법률위반
Text

All the Defendants disclose the summary of the judgment against the Defendants not guilty.

Reasons

1. Defendant A is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and Defendant Co., Ltd is a corporation established for the purpose of real estate sale business.

(a) No business operator, etc. shall engage in any deceptive labeling or advertising that is likely to deceive or mislead consumers;

Nevertheless, around April 17, 2015, Defendant A published a sale advertisement of apartment houses (hereinafter “instant apartment buildings”) at the F Regional Housing Association (hereinafter “F”) in spite of the fact that Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) was selected or consulted as a contractor, Defendant A prepared and distributed a leaflet stating the phrase “To be constructed, Hyundai Construction,” which is likely to be mistaken as if modern construction was a contractor.”

As a result, Defendant A made an indication or advertisement that could mislead consumers.

B. Defendant A, the representative director of Defendant Company, committed an act of violation regarding the above business at the time and place specified in paragraph 1-A.

2. Article 3(1) of the Act on Fair Labeling and Advertising for Determination shall not engage in any of the following acts that are likely to undermine fair trade order by deceiving or misleading consumers, or allow other enterprisers, etc. to engage in such conduct:

The phrase “the deceptive labeling or advertising” under subparagraph 2 of the same paragraph is defined as “the act of making deceptive indications or advertising.”

Therefore, it can be acknowledged by the evidence submitted by the Defendants, such as: (a) the Defendants’ expression of the Defendants’ “pre-construction intention” is an advertisement that may deceive or mislead consumers; and (b) the intent to participate in new construction works of the Kimhae-gu Housing Association.

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