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(영문) 서울동부지방법원 2015.07.01 2014고단3763
병역법위반등
Text

Defendant 1 was sentenced to imprisonment with prison labor for 4 months and 2 months for the first and second crimes in the 2014 Highest 3763 case.

Reasons

Punishment of the crime

[criminal power] On December 23, 2013, the Defendant was sentenced to two years of suspended execution for a violation of the Military Service Act at the Seoul Eastern District Court, which became final and conclusive on December 31, 2013, and is currently under the grace period.

【Criminal Facts】

[2014 Highest 3763]

1. Fraud;

A. On December 23, 2009, the phrase "the bill of indictment on August 9, 2009," which was written on December 23, 2009, appears to be an obvious clerical error, and the Defendant made a false statement to the effect that "the Defendant shall dispose of the legacy and pay it to the victim C immediately if he/she lends KRW 4 million to him/her, at a restaurant where the name of the Si at the early of December 23, 2009 is unknown."

However, in fact, the Defendant did not have a miscarriage from his father, and 4 million won card was overdue, and the amount of 4 million won received from the victim was expected to be used for the repayment of the card value, so there was no intention or ability to complete the payment.

The Defendant received 4 million won from the victim’s seat to the national bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. On August 9, 2011, the Defendant made a false statement on August 9, 201, 201, stating that “If he/she lends money with a card value in arrears to the said victim, he/she will immediately repay it with money from the mother,” at the home of the Defendant’s office located in Dongdaemun-gu Seoul Metropolitan Government D and fourth level.

However, in fact, the Defendant did not have any intention or ability to pay money with the mother, because he did not contact with one another in the issue of card value.

The Defendant received 3.5 million won from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant forged a private document or uttering a private document shall enter into a mobile phone subscription contract in the name of C with an opportunity to know the resident registration number of C, and then sell the mobile phone in high order.

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