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(영문) 청주지방법원제천지원 2020.09.03 2019고단177 (1)

병역법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 280,000 won to B who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of two years on November 16, 2018 from the Cheongju District Court Branch for the violation of the Military Service Act on November 8, 2018, and the judgment became final and conclusive on November 16 of the same year, and is currently under suspended sentence.

【Criminal Facts】

A person subject to enlistment in the active service of "2019 Highest 177" shall comply with the convocation within three days from the date of receipt of a muster notice.

Nevertheless, around March 6, 2019, the Defendant received a notice to the effect that he will enlist at the Defendant’s residence located in No. C building D, which was around March 6, 2019, from March 26, 2019 to March 14:00, but failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Around July 6, 2019, the Defendant made a false statement to the effect that “F” phoneed to “F,” operated by the victim E, and used the goods of the G Internet TV Pacific Uhd Co., Ltd. for three years during the agreed period.” As such, the Defendant made a false statement to the effect that “the cash goods change.”

However, the fact was only for the purpose of acquiring cash copies provided at the time of joining G Internet TV services, and there was no intention or ability to pay fees for Internet TV services for three years.

Nevertheless, on July 15, 2019, the Defendant, by deceiving the victim as above, received 410,000 won from the victim to the corporate bank account in the name of the defendant on July 15, 2019.

On December 12, 2019, the Defendant, at around 11:31, 201, posted a false statement on the part of the Defendant’s residence located in the Seo-gu H building I, Seo-gu, Seo-gu, Seoul Special Metropolitan City on December 12, 201, stating that “If money is deposited, the Defendant would send gallon No. 8” to the victim K who reported and contacted it.

However, in fact, the Defendant used “gallonce 8” and did not intend to sell the above mobile phone. In addition to the above mobile phone, the Defendant has “gallony 8”.

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