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. The gist of the grounds for appeal is too unreasonable that the original court's imprisonment is too large for eight months;

(The defendant stated the grounds of appeal that there was a mistake of facts in the statement of grounds of appeal, but the above argument was withdrawn on the second trial date of the trial of the court of appeal).2. The judgment of the court of appeal is not only actively infringed on the state's criminal justice function, but also it is not easy to punish the other party who does not commit the crime.

However, the crime of this case was derived from the process of running real estate investment business, such as investing a large amount of money for 10 years with victims, etc., and the court recognized and divided about the crime of this case, and again, the defendant would not commit such crime again. On February 16, 2012, the defendant was sentenced to a suspended sentence of 2 years and 1 year of imprisonment with prison labor for 2 months in Suwon District Court for perjury 2012No17, and 24 February 2012. The above judgment became final and conclusive on February 24, 2012. Since the crime of this case is related to ex post concurrent crimes that can be tried simultaneously with the above finalized perjury, it is necessary to determine punishment in consideration of equity and the case where the defendant is detained for 3 months in prison due to the crime of this case, and considering the age, character and behavior of the defendant and the environment of this case, the punishment of this case seems to have been unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the evidence.