On April 27, 2012, the Defendant was sentenced to a suspended sentence of ten months of imprisonment and a fine of one million won for a violation of the Military Service Act and a crime of fraud in the Suwon District Court's Ansan Branch on April 27, 2012, and the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on July 12, 2012, and was still under the suspended sentence and conclusive on July 12, 2012.

However, considering the fact that the amount of damages incurred by the victim company from the instant crime was KRW 8,190,000,000 and the Defendant repaid to the extent of KRW 8,000,000 prior to the filing of the complaint, that the Defendant did not seem to have had a conclusive intent to commit the crime, that the Defendant recognized the mistake and reflects, and all other circumstances that form the conditions for sentencing specified in the instant case, the lower court’s sentencing cannot be deemed unfair because

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.