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(영문) 의정부지방법원 2015.07.27 2015고단145
표시ㆍ광고의공정화에관한법률위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged

A. On June 30, 2009, Defendant A had been sentenced to a suspended sentence of two years in October due to a violation of the Act on Fair Labeling and Advertising at the Seoul Central District Court, and served as the representative director B of the corporation.

From January 2013 to December 2014, the Defendant: (a) imported 3,709,006,537 Won from the place of business in Gwangju City, and (b) imported 108,320 awafer-type rubber c,70,06,537 won manufactured in the Dara LLC in China; and (c) marked the valve on the valve, which could be mistaken for domestic origin; (d) thus, the Defendant displayed the actual place of origin on the valve; (e) made unfair labeling and advertising by removing the “MADEINCHA” mark attached to the said product after removing the “MADINA” mark.

B. Defendant B, at the same date, place as in the preceding paragraph, and Defendant A, the representative director of the Defendant, committed the same act as in the preceding paragraph.

2. The facts charged in the instant case are crimes falling under Articles 17 subparag. 1 and 3(1) of the Act on Fair Labeling and Advertising, which can be prosecuted only when an accusation is filed by the Fair Trade Commission pursuant to Article 16(3) of the same Act and Article 71 of the Monopoly Regulation and Fair Trade Act. According to the records, there is no evidence to acknowledge the existence of a accusation by the Fair Trade Commission, and thus, public prosecution against the Defendants constitutes a case where public prosecution procedures violate the provisions of the Act and are null and void

Since the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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