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

1. According to the evidence submitted by the prosecutor, the number of persons present at the inaugural general meeting of the Defendant D Association (hereinafter “D Association”) shall not exceed a majority of the persons consenting to establishment (152). Thus, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2006Do735 Decided April 27, 2006). The court below reasoned that a majority of the persons consenting to the establishment of the inaugural general meeting of the Association was not present at the inaugural general meeting of the Association. As such, the prosecutor bears the premise that at least 152 persons from among 303 persons consenting to establishment were not present at the inaugural general meeting. The prosecutor bears the signature that 176 persons were present at the inaugural general meeting, and the prosecutor did not attend the 176 persons from among the above 176 persons and did not sign at the 127 persons without signature (303 - 176 persons). However, considering that the 11 persons from among the 45 persons who signed the inaugural general meeting list were not present at the inaugural general meeting, it is insufficient to view that the prosecutor did not sign the inaugural general meeting solely on the evidence submitted by the prosecutor in light of their statements and photographs, etc., and that the 12 persons consenting to establishment did not state or consent to the above 12 persons present the inaugural.