All appeals filed by A and the prosecutor against the Defendants are dismissed.

A. The punishment imposed by the lower court on Defendant A (unfair punishment) (one year and three months of imprisonment, confiscation, and collection) is too unreasonable.

B. As to the acquittal portion of the judgment of the court below on the erroneous determination of facts, according to the evidence submitted by the prosecutor, the defendants can sufficiently prove the fact that they have manufactured the bags of 50 points per month in M and N factories.

Nevertheless, the court below rendered a judgment of not guilty on the facts charged that the monthly average production in M and N factories was 400 points per month and manufactured and sold bags in excess of this point under the premise that it was 400 points per month. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

(B) The sentence imposed by the court below on the Defendants (Defendant A: imprisonment of one year and three months, confiscation and additional collection, Defendant B: imprisonment of two years, probation, community service order of 120 hours, confiscation and additional collection, Defendant C: imprisonment of two years, probation, 120 hours, community service order, confiscation and additional collection, Defendant D: fine of 10,000 won and additional collection, Defendant E: fine of 2,00,000 won; fine of 4,00,000 won; fine of 1,50,000 won; Defendant G; fine of 4,000,000 won; Defendant H: fine of 4,000,000,000 won; Defendant I; fine of 3,000,000 won; and Defendant I: fine of 3,000,0000,000 won).

2. Determination

A. The prosecutor bears the burden of proving whether the monthly average production in M and N factories is specific, and the evidence submitted alone is insufficient to acknowledge that the monthly average production reaches 500 points as the prosecutor’s assertion, and there is no other evidence to acknowledge it. In light of the reasoning of the judgment below, the court below did not prove a crime as to the facts charged that the monthly average production was manufactured and sold in excess of 400 points per month on the premise that the monthly average production was 400 points, based on the circumstances in its reasoning.