A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[200 order74] The defendant did not enlist in the army training center located in the Busan regional military manpower office located in 301 due to the training of Suwon-gu Busan on November 6, 2019 by December 9, 2019 for three days from the date of enlistment, although he received a notice of enlistment in the active service under the name of the director of the regional military manpower office in Busan regional military manpower office.

[20 high group 1391] On September 20, 2017, the Defendant purchased a B B B B B B car, and entered into an installment financing agreement to obtain a loan of KRW 7 million from the victim C Co., Ltd. and to repay KRW 260,603 each month for 36 months. In order to secure the said loan, the Defendant set up a right to collateral security for the said car at the victim Co., Ltd.

However, on November 25, 2017, the Defendant: (a) borrowed KRW 576,391 from D at an insular place located in Ulsan Metropolitan City on March 5, 2018 when the remainder of the loan was not repaid; (b) provided the said car as security; (c) concealed the said car as security; and (d) obstructed the Defendant’s legitimate exercise of rights.

Summary of Evidence

【200 Height74】

1. Defendant's legal statement;

1. A written complaint filed against a person evading the enlistment in active duty service, a written accusation, the date of enlistment in active duty service, adjustment and notification, a written notice of enlistment in active duty service, and a receipt of a written notice of enlistment;

1. Defendant's legal statement;

1. Statement on the complaint, supplement of complaint and statement;

1. Application of Acts and subordinate statutes of loan application, register of automobiles, investigation report (Requirements for purchase of mandatory insurance);

1. Article 88 (1) of the relevant Act on Criminal facts (the point of not enlistment in the army training center) and Article 323 of the Criminal Act;

1. Imprisonment with labor for a crime of interfering with option of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant for sentencing under Article 62-2 of the Probation Criminal Act all of the crimes in this case.