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(영문) 광주지방법원 2014.07.18 2012고단6193
병역법위반등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint coercion) at the Gwangju District Court on December 18, 2009, and on February 5, 2010, completed the execution of the sentence at the Gwangju Prison.

1. Although the defendant, as a person eligible for the call-up notice from the Commissioner of the Military Manpower Administration, should respond to the call-up within three days from the call-up notice, on April 14, 201, he did not respond to the call-up without justifiable grounds, even though he received a notice of convening the call-up notice from the director of the regional military manpower office in the name of the Gwangju North Korean Military Manpower Office, which is located in the Gwangju North Korean District Military Manpower Office, to enlistment in the 31st group in the Gwangju North Korean District Military Manpower Office by July 11, 2011.

2. On May 2012, the Defendant stated that “The Defendant, while on the Defendant’s vehicle in Gwangju Mine-gu, the Defendant, along with the victim C (n, 25 years of age), the Defendant would start the business immediately if the Defendant was prepared to operate a siren with the four-way vessel and the three-year vessel in the same line. The Defendant had engaged in a siren business. The Defendant would have repaid the Defendant with money within three months if he/she lent the money to the Defendant to the maximum extent possible to receive the loan.”

However, in fact, the Defendant did not have any plan to start the siren business and did not have any property and income, and did not have any intent or ability to repay the loan even if he borrowed money from the victim due to the circumstance of debt only.

As above, the Defendant, by deceiving the victim as above, obtained KRW 7 million from the victim on May 11, 2012, KRW 3 million on May 18, 2012, KRW 200,000 on May 22, 2012, KRW 300,000 on May 25, 2012, and KRW 15,40,000 on July 26, 2012, and acquired it by deception.

3. The Defendant, around May 6, 2012, at the E Hospital parking lot located in Gwangju Mine-gu, Gwangju, the Defendant borrowed low-paid credit cards to the victim C in calculating the hospital expenses.

a credit card payment with the receipt of insurance proceeds.

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