A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, if the person who committed perjury confessions before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or exempted (Article 153 of the Criminal Act). This also applies to the crime of perjury (see, e.g., Supreme Court Decision 2006Do1820, May 11, 2006). According to the records, according to the defendant’s perjury, the Seoul Southern District Court Decision 2016No. 1978, Nov. 17, 2017, which issued the above evidence by the co-defendant B, was dismissed on November 17, 2017, and the decision of dismissal of the appeal was made on January 26, 2018, which was the appellate court’s judgment, and thus, the court below did not dismiss the above defendant’s judgment on January 31, 2018, which became final and conclusive under Article 315 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;