A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[2019 Highest 1148] A person who has received a notice of enlistment in active service or call-up for military service shall not be enlisted or shall not respond to the call-up, even three days after the date of enlistment or call-up without justifiable grounds.

Nevertheless, around August 31, 2018, the Defendant: (a) served a written notice of enlistment in active duty service with the content that “to be enlisted in the area of 50 company group from October 2, 2018 to 50 company (Seoul Metropolitan City North-gu)” which is the Defendant’s residence; (b) served a written notice of enlistment in active duty service with an adult among his family members, or D; and (c) served with the Defendant’s mother E on September 2018 and became aware of the date of enlistment, the Defendant failed to enlist in active duty service until October 5, 2018, without justifiable grounds.

[2019 Highest 2527] The Defendant made a false statement stating that “A traffic accident is necessary to have occurred” by communicating the victim F, who is the father of a university, with contact from the university, on July 19, 2018.”

However, in fact, the Defendant did not have any traffic accident, and only thought that the money was used as living expenses, etc., and even if no occupation or property was available at the time, there was no intention or ability to repay it to the victim even if he borrowed money from the beginning.

Nevertheless, the Defendant, as above, deceiving the victim and received 350,000 won from the Korean bank account (H) in the name of G from the victim, and received 300,000 won from the national bank account (J) in the name of I, and from that time until August 22, 2018, “8 times” as stated in the attached list of crimes (1) is a clerical error of “20 times” as stated in the attached list of crimes.

In addition, the phrase “4,143,500 won” written in the indictment of KRW 4,147,500 is a clerical error of “4,147,500 won.”

B. The sum of KRW 963,600 is equivalent to the sum of KRW 963,600, by allowing the victim to settle the mobile phone small amount on 11 occasions as shown in the separate crime list (2) between July 26, 2018 and August 5, 2018.