[Breaking] Urban Zakapa's Park Yongin sentenced to two years of probation in second trial over butter beer lawsuit

*This content was translated by AI.

A court has upheld a suspended sentence for Park Yongin, a member of the mixed-gender group Urban Zakapa, in the second trial regarding allegations of exaggerated advertising for butter beer.

The Seoul Eastern District Court's 3rd Criminal Division (Appeals) (Da) held the sentencing hearing for Park Yongin's appeal on charges of violating the Food Labeling and Advertising Act on the 25th.

On this day, the court ruled, "The prosecution's appeal is dismissed," maintaining the original sentence of two years of probation.

Previously, the Prosecution Service requested that Park Yongin be sentenced to one year in prison, arguing, "We ask that the original judgment be overturned and a sentence matching the original prosecution's request be imposed." The Prosecution Service stated, "The defendant engaged in false and exaggerated advertising that deceived numerous consumers, generating profits amounting to billions of won. The original sentence is excessive."

Previously, the Seoul Eastern District Court's Criminal Division 12 (Sole Judge) sentenced Park Yongin to eight months in prison with a two-year probation period on February 18. Additionally, the court imposed a fine of 10 million won on Virtual Company, which was responsible for Park YonginLee (CEO). However, the Prosecution Service filed an appeal against the first-instance judgment on February 24, transferring the case to the second instance.

According to the Prosecution Service, Virtual Company, which was responsible for Park YonginLee (CEO), and others are accused of selling beer in convenience stores and other locations from May 2022 to January last year without using butter as an ingredient, yet advertising it as if butter were used. Virtual Company is known as a licensing planning company that planned and advertised BEURRE (버터) beer, referred to as butter beer.

Virtual Company was found to have promoted the product as "butter beer," "BUTTER BEER," and "butter base" through social media and promotional posters.

In response, the Seoul Regional Ministry of Food and Drug Safety (Ministry of Food and Drug Safety) reported Virtual Company, liquor manufacturer Bruuguru, and distributor GS Retail to the police in March 2023. The Ministry of Food and Drug Safety determined that using the French word "Beurre," meaning butter, in the product name while not adding butter to the beer constituted false and exaggerated advertising.

Regarding this matter, Park Yongin explained in a lengthy post, "We planned the beer with the goal of providing consumers with a new sensory experience. Based on this plan, we developed a product with a smooth and rich flavor in the beer, and during the process, many people described it as having a butter-like smooth flavor." He added, "We introduced that this beer offers a smooth flavor similar to butter. This was an expression intended to highlight the product's characteristics, similar to how products in alcoholic beverages, coffee, and other favorite foods are described as having flavors of flowers, fruits, chocolate, nuts, or trees even if those ingredients are not actually included."

He continued, "Fortunately, our beer quickly gained consumer choice and came to be called butter beer, sparking some controversy over this expression. This beer is intended solely for adult consumers, and we accurately labeled the ingredients in accordance with relevant laws. Nevertheless, in accordance with the guidance of our institutional investors, we immediately changed the advertising copy referring to 'butter beer' to avoid unnecessary misunderstanding and further controversy, and we also added butter to all subsequently produced products." He emphasized, "However, the Prosecution Service disagreed with our position and sought a trial in court. In the upcoming trial process, we will diligently explain that we did not intend to mislead consumers and will make necessary improvements where needed."

Park Yongin also added, "Once again, we sincerely apologize to the many who have supported our Virtual Company. Going forward, we will do our utmost to ensure consumer satisfaction."

At the time, the first-instance court stated, "It appears that Park Yongin was inspired by the butter beer featured in the novel 'Harry Potter' when planning the product. Universal Studios sells actual beverages containing butter, and consumers seem to share and enjoy butter beer recipes out of curiosity. Considering Park Yongin's recognition and fame, there is a possibility that consumers might mistakenly believe butter was included when viewing the advertisement." The court further noted, "The representative of Bruuguru, the manufacturer that produced and supplied the beer, also submitted a letter of severe punishment request to the Prosecution Service, stating, 'It is physically impossible to add butter to beer, and the expressions 'butter beer' and 'butter beer' cannot be used.'" In this regard, the Ministry of Food and Drug Safety had notified Bruuguru of an administrative penalty to suspend beer manufacturing for one month in March 2023.

The court continued, "Consumers perceive it as butter beer, and the butter beer in Harry Potter actually contains butter. Park Yongin should have been fully aware that there was a problem because butter was not included in the product, indicating significant intent." The court stated, "This violated the order of fair trade, and after being indicted, on January 3, 2024, a false statement was released claiming that butter was added to the product to avoid further controversy, which was then disseminated to the public through media reports. The attitude is poor."

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*This content was translated by AI.