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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1312
병역법위반등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Social service personnel of the 2016 Senior 1312 shall not leave their service for at least eight days in total without justifiable grounds.

However, the Defendant is a social service worker belonging to the Gyeong-do Medical Center B, and from April 18, 2016, the Defendant was from around the same year.

4. Until December 28, 200, he left service for a total of not less than eight days without justifiable grounds.

"2016 Highest 1575"

1. On January 20, 2016, around January 20, 2016, the Defendant posted a separate name “D” at the Defendant’s house at the Gu-U.S.A. C 301, in a foreign car page of the Internet NAVVER, and made a false statement as if he/she sold a mobile phone to the victim E who had contacted with the Defendant.

However, the defendant did not have intention or ability to sell mobile phones to the victim.

The defendant received 350,000 won from the damaged person for the same day as the price.

2. On January 22, 2016, around January 22, 2016, the Defendant, at the places indicated in the foregoing paragraph 1, posted a letter stating that he/she sold S6 mobile phones to the Internet NAVV in the name of “F” on the Korean car page, and made a false statement as if he/she sold the mobile phone to G who reported and contacted this.

However, the defendant did not have intention or ability to sell mobile phones to the victim.

The defendant received 400,000 won from the damaged person for the same day as the price.

Summary of Evidence

"2016 Highest 1312"

1. Statement by the defendant in court;

1. A written accusation and an investigation report on the escape from each service, 2016, 1575;

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Evidential materials, details of transactions of admission and withdrawal, and photographs submitted by the fact-finding;

1. Application of Acts and subordinate statutes to each CCTV video response data;

1. Relevant Article of the Act and subparagraph 1 of Article 89-2 of the Military Service Act as to facts constituting an offense, and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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