A man in his 20s who deliberately gained weight to evade military service has been sentenced to a suspended prison term.

On November 23, the 11th Criminal Division of the Seoul Eastern District Court sentenced the man to one year in prison with a two-year suspended sentence for violating the Military Service Act. His friend, who was charged with aiding and abetting the violation, received a six-month prison term, also with a suspended sentence for two years.

According to prosecutors, the man was initially classified as eligible for active duty after receiving a physical grade of Level 2 during his first military service evaluation in 2017. He was suitable to become an active duty soldier at 169 cm tall (5'6") and weighing 83 kg (182.6 lbs). However, he repeatedly delayed enlistment, citing reasons such as university entrance exams, certification tests, and waiting for travel authorization. 

When he became eligible for a reevaluation in 2022, his friend revealed that a Body Mass Index (BMI) of 35 or higher would result in a Level 4 physical grade, making him eligible for alternative service instead of active duty. After learning this, he decided to exploit this loophole.

Following a meal plan provided by his friend, the man started doubling his food intake and quit a physically demanding part-time job to reduce burning calories. Just before the evaluation, he further manipulated his weight by drinking large quantities of water. 

As a result, during his reevaluation on December 7, 2022, the man weighed 105.4 kg (232 lbs). Subsequent surprise re-evaluations in 2023 measured his weight at 102.9 kg (226.5 lbs) and 102.3 kg (225.2 lbs), with a BMI of 35.8. He was ultimately classified as Level 4. Notably, the report does not detail how his scheme was uncovered by the military.

During the trial, the friend denied the charges, claiming he never believed the man would actually act on his plan. However, the court deemed this as a mental abetment and found him guilty. The court explained its reasoning for the sentencing, stating, “The defendant has admitted his wrongdoing and expressed his intention to fulfill his military duty. The court also considered the fact that neither defendant has a prior criminal record and took into account the circumstances following the crime.”

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