The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Progress of the case

A. The lower court convicted the Defendant of all the facts charged and sentenced the Defendant to a suspended sentence of one year.

B. Accordingly, the Defendant appealed on the entire judgment of the court below on the grounds of violation of the rules of evidence, mistake of facts and unreasonable sentencing.

C. The trial prior to the remand dismissed the Defendant’s appeal on the ground that all the above arguments by the Defendant are groundless.

Accordingly, the Defendant appealed again, and the Supreme Court accepted the Defendant’s ground of appeal as to the second testimony portion among the judgment of the party prior to remand, and rejected the Defendant’s ground of appeal as to the remainder portion.

As above, the Supreme Court reversed the judgment of the court prior to the remand on the ground that the part receiving the appeal is in a relationship with the remaining guilty part and the single crime, and remanded it to the original court.

2. Scope of the judgment of this court;

A. The part rejected by the court of final appeal on the ground that the allegation in the grounds of final appeal is groundless has become final and conclusive simultaneously with the adjudication of the court, and the defendant cannot contest this part, and the court that has been remanded cannot make a decision contrary thereto.

(See Supreme Court Decision 201Do8478 Decided October 13, 2011). B.

Of the Defendant’s assertion, the part that was explicitly rejected in the judgment of remand cannot be accepted, and the judgment of remand shall be separately deliberated and determined on only the second testimony part, which is the part that was indicated on the grounds that the judgment of the party prior to remand was reversed.

3. Judgment on the second testimony part

A. On April 28, 2016, the Defendant was present at the court of Seoul Central District Court No. 203, the Seoul Central District Court located in Seocho-gu, Seoul, to take an oath as a witness of the civil unjust enrichment claim case against the above court No. 2015 Ghana6075117 B, and then the presiding judge’s statement in such manner as to whether “at the time of investigation before the inspector is made, it would be appropriate.”