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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Around October 28, 2011, the fraud Defendant made a false statement to the victim D, stating that “I will pay KRW 7.8 million in total by supplying active fish and providing KRW 1.2 million each day, including the profits therefrom, if I lend KRW 6 million.”
However, in fact, there was no certain property or income at the time, and there was no interest rate of about 47 million won, and there was no reason to pay interest thereon. In the absence of active auction and supply business, the active fish payments that the victim actually received from the victim was used for the "sports soil" hosting, and some of the payments that the victim paid to the victim is called the "fluoring", which is the form of payment of the money received from the victim as it is. Thus, even if the victim borrowed money, there was no intention or ability to pay it.
The Defendant received a total of KRW 187,40,00 from March 11, 2012, including that he received KRW 6,00,000 from the victim as active fish price, from the victim, from March 11, 2012.
2. Violation of the Establishment of Homeland Reserve Forces Act;
A. On February 27, 2012, the Defendant, as a member of the homeland reserve forces, was issued a notice of call-up for training of homeland reserve forces in the name of the second unit commander of the Army No. 8361 in the name of the second unit commander of the Army, but did not undergo the said training without justifiable grounds, in the event that: (a) on March 12, 2012, the Defendant was a member of the homeland reserve forces; (b) on March 12, 2012, a member of the homeland reserve forces
B. The Defendant, as a member of the homeland reserve forces, was unable to deliver the notice of call-up for the training of the homeland reserve forces without justifiable grounds, even though he/she had moved his/her place of residence from F to F to F, the Defendant was registered as a member of the competent Dong office on October 24, 2012 because he/she failed to report the relocation of his/her place of residence within 14 days.
Summary of Evidence
[The first fact at the time of sale]