병역법위반등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2013 Height136]
1. The defendants violating the Military Service Act are subjects to public interest service personnel call.
On October 22, 2012, the Defendant did not respond to the call within three days from December 29, 2012 without justifiable grounds, even though he/she received a notice to convene the Army Training Center from Busan Northern-gu to December 29, 2012.
[2013 Highest 5192]
2. The Defendant received monthly salary through D’s passbook because the Defendant was unable to use the passbook due to bad credit standing.
On May 24, 2013, the Defendant was notified of the card password issued by D on the pretext that the monthly salary of KRW 1,500,000 was deposited with D as the passbook, and the monthly salary was withdrawn.
On May 25, 2013, the Defendant collected 31,200 won in cash by inserting the victim’s age credit information company’s physical credit card, which was installed at a convenience store with no knowledge of the trade name located in the Seo-dong, Busan, Busan, and then inserting 31,200 won in cash, and then withdrawing 31,200 won in total for seven times in total, such as withdrawing 1,00,000 won in cash, by inserting the bank’s physical credit card, which was installed at the expense of the Defendant’s bank’s bank, at the expense of the convenience store with no knowledge of the trade name located in the Seo-gu, Busan, and then withdrawing 4,352,400 won in cash.
As a result, the Defendant stolen the amount of KRW 2,852,40,000 owned by the victims by withdrawing cash exceeding KRW 1,50,000 per month.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A written accusation;
1. Application of Acts and subordinate statutes on postal delivery certificates;
1. Article 88 (1) 2 of the relevant Act as to facts constituting an offense, Article 88 (1) of the Military Service Act as to the selection of a sentence, Article 329 of the Criminal Act,
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;