A defendant shall be punished by imprisonment for not less than eight 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 public prosecutor on the board of directors, according to the investigation report (the attachment of a copy of the final judgment on related cases), the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on November 28, 2013, and the above judgment became final and conclusive on December 6, 2013. Since the crime of fraud and the crime of this case in which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment by taking into account the case of concurrent judgment and equity pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime against the defendant recognized by the court and the summary of the evidence is the first head of the facts constituting a crime as stated in the judgment of the court below. "The defendant was sentenced to two years of suspended execution on November 28, 2013 at the Incheon District Court sentenced to imprisonment with prison labor for six months for fraud, and the above judgment was finalized on December 6, 2013.

In addition, "1..............." is added to the summary of the evidence, except for the case "1.........., the corresponding column of the judgment of the court below is the same as that of the judgment of the court below."

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (wholly amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62(1) of the Criminal Act (the following circumstances may be considered in favor of the reasons for sentencing).