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(영문) 창원지방법원 2013.05.31 2013고단592
병역법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

[2013 Highest 592] The Defendant is a person liable for military service (public service) and is serving as public interest service personnel at the Seocho-gu Seoul Residents' Center from November 23, 201.

1. Any member who deserts from service shall not desert from service for at least eight days in total without justifiable grounds;

Nevertheless, during the period from February 16, 2012 to July 12, 2012, the Defendant was absent from office for at least eight days in total to the above C Resident Center without justifiable grounds.

2. If a person liable for military service who has reported the change of residence moves his residence, the moving-in report shall be made within fourteen days;

Nevertheless, the Defendant did not move-in report within 14 days without justifiable grounds even though he moved his residence from the Seocho-gu, Changwon-si to the Dong Sea-si in July 2012.

[2013 order 730] The defendant allowed the victim D to use the national bank account (E) in the name of the defendant on February 2012.

On July 6, 2012, the Defendant embezzled KRW 41,900,000 at his own discretion while keeping KRW 41,908,303, which the victim deposited into the said account at the point of sea of the national bank located in Chang-gu, Chang-si, Chang-si, Chang-si.

Summary of Evidence

[2013 Highest 592]

1. Defendant's legal statement;

1. Each accusation (including attached documents);

1. A statement, a list of public officials in charge, and a list of records in the recruit service (2013 high group730);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on financial transaction information;

1. Article 89-2 subparag. 1 of the relevant Act as to facts constituting an offense, subparagraph 1 of Article 89-2 of the Military Service Act (the point of escape from service), Articles 84 (2) and 69 (1) of the Military Service Act (the point of failure to file a move-in report, the selection of fines), and Article 355 (1) of the Criminal Act (the point of

2. From among concurrent offenders, the punishment for a violation of the Military Service Act due to embezzlement as provided for in the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act and a violation of the Military Service Act due to a renunciation of service is more severe and more severe penalty for concurrent offenders.

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