The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case.

A. On October 29, 1979, the Defendant was convicted of both the charges of violation of public law, violation of the Presidential Emergency Decree (Presidential Emergency Decree No. 9, May 13, 1975; hereinafter “Emergency Decree No. 9”) for the protection of national security and public order, fraud, and occupational embezzlement (hereinafter “the charges”), and was sentenced to five years of suspension of execution and three years of suspension of qualification (79 high class 54,79 high class 453 (Joint))). (B) The Prosecutor appealed against the above judgment. The Defendant appealed the judgment of the court below on September 10, 1981, and sentenced the suspension of qualification for the violation of the Emergency Decree No. 95 and No. 453 (Joint) to 3 years of imprisonment and three years of suspension of qualification for the reason that the judgment was revoked on December 10, 1979.

The Defendant appealed on the remainder of the charges of conviction except for the violation of Emergency Decree No. 9, which was sentenced to acquittal among the judgment subject to a retrial (Supreme Court Decision 83Do357). The judgment subject to a retrial became final and conclusive by withdrawing a final appeal.

(d)

On February 26, 1999, the Defendant died, and on June 5, 2013, the Defendant filed a request for a retrial on the entire judgment subject to a retrial.

E. On October 13, 2015, the judgment of this court was rendered on October 13, 2015 that acquitted part of the judgment subject to retrial is not subject to a final and conclusive judgment

The guilty part shall be determined by the retrial under section 420 subparagraph 7 and Article 422 of the Criminal Procedure Act.

A decision of starting a new trial was made only for the guilty part.

F. The applicant for a retrial and the prosecutor respectively re-appealed a decision to commence a retrial, but the Supreme Court on May 2, 2018.