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 summary of the grounds for appeal: (a) there was a change in the Defendant’s statement at any time at the time when he became aware of the forgery, etc. of the graduation certificate; and (b) the Defendant, even before applying for the qualifying examination on April 9, 2016 (hereinafter “instant qualification examination”), shall be deemed to have applied for the pertinent examination in collusion with the spouse, submitting an application for the qualifying examination accompanied by a forged graduation certificate, as stated in the primary facts charged, in addition to the written application for the qualifying examination, in light of the fact that the Defendant had experience of taking the said four times or the same qualification examination without exemption from the subject, together with E

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. In the judgment of the court below, the prosecutor held the defendant not guilty as the primary charge and applied for changes in the indictment with the statement of "the reasons why the judgment was used" added to the facts charged in preliminary charges, and the subject of the judgment was changed by this court's permission.

As examined below, inasmuch as this Court rendered a not guilty verdict of the primary facts charged and convicted of the conjunctive facts charged, the judgment of the court below that only the previous primary facts charged can no longer be maintained.

However, despite the existence of the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.

B. On February 22, 2016, based on evidence duly admitted and investigated, the lower court submitted to the Jeju Branch of the Human Resources Development Service of Korea an application for the examination of the instant qualification examination under the name of the Defendant and a certificate of graduation from the name of the F University Department.