The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles 1) The part not guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Assistance to the Market for the Violation of the Act on the Assistance to the Sales of Small and Medium Enterprises is related to the direct violation of the Act (number 1, 2, 13 through 25, 33 through 36, 39 through 47, 54 through 68, 108 through 110, 112 through 119), and Article 9 (1) of the former Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Assistance to the Sales of Small and Medium Enterprises (amended by Act No. 14839, Jul. 26, 2017; hereinafter referred to as the "former Market Support Act")

A small or medium enterprise that intends to supply products to the head of a public institution or a public institution pursuant to Article 9 (3) of the former Market Support Act may, if necessary, apply to the head of a small or medium enterprise to verify whether the products are directly produced, and the Administrator of the Small and Medium Business Administration in receipt of such application pursuant to Article 9 (4) of the former Market Support Act shall confirm whether the products are directly produced, notify the relevant small or medium enterprise enterprise of the results

In the end, small and medium enterprises that intend to deliver products to public institutions can apply for the verification of whether they are in the status of being issued with a certificate of direct production or whether they are directly produced.

It can be seen that this is limited to cases stipulated in Article 9(1) of the former Act on Assistance to Market Development.

Defendant committed a crime described in this part of the facts charged with the issuance of a production confirmation certificate directly by the Administrator of the Small and Medium Business Administration.