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(영문) 광주지방법원 2017.07.06 2016고단791
병역법위반등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 791] A person who has received a notice of examination of illness shall not undergo a draft physical examination on the date without justifiable grounds.

Nevertheless, the Defendant, at around 19:00 on January 10, 2016, undergo a draft physical examination from the director of the Southern District Military Manpower Administration of Gwangju to January 29, 2016, in the Defendant’s residence located in Gwangju-gu B 201, the Defendant would undergo the draft physical examination from the director of the Southern District Military Manpower Administration of Gwangju-dong-ro No. 119, a 13:00 from the Southern District Military Manpower Administration of Gwangju-gu to January 29, 2016

“The” did not undergo a draft physical examination on the date of receipt of the notice, without justifiable grounds, even though it was directly given.

[2016 Highest 2378] The Defendant puts up a notice to sell valuable goods on the Internet website, such as NAV car page, using the Internet’s anonymousity, and reported this fact to the effect that “to deliver the valuable goods first to deposit the prices of the valuable goods, to a third party, and to deliver them to a door-to-door supply,” and instead not deliver them, thereby having the intention to acquire money in the name of the price of the goods.

1. 2016. 1. 15. 경 피해자 C에 대한 사기 피고인은 2016. 1. 15. 경 불상의 장소에서 네이버 카페 ‘ 중고 나라 ’에 “ 중고 꼼 데 가 르 숑 후드 티셔츠를 판매한다” 는 취지 의 게시 글을 올린 다음, 이를 보고 연락하여 온 피해자 C에게 카카오 톡 메시지로 문자 메시지로 “90,000 원을 입금하여 주면 위 티셔츠를 피해자 C의 주소지로 배송하여 주겠다” 는 취지로 거짓말을 하였다.

However, the defendant did not have the intent or ability to deliver the victim C with a serious tyrts as above.

Nevertheless, the Defendant: (a) by deceiving the Victim C as above; and (b) transferred KRW 90,000 to the Gwangju Bank Account (E) in the name of D around January 15, 2016, under the following circumstances: (c) around 18:37, 201.

2. On January 24, 2016, the Defendant, against the Victim F, committed fraud against the Victim F on January 24, 2016, “in the middle and highest country” at a non-fluent place on January 24, 2016.

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