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Defendant shall be punished by imprisonment with prison labor of one year and four months and by a fine of three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On May 2, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Busan District Court on November 20, 2008, and completed the execution of the said punishment on November 20, 2008.
[2013 Highest 1434] The Defendant was serving as public interest service personnel belonging to the Busan District Office C, from April 6, 2010 to the 9th of the same month, from the 12th of the same month to the 16th of the same month, and from the 19th of the same month to the 19th of the same month without any justifiable reason, the Defendant was absent from his service for at least eight days
[2013 Highest 1524]
1. On February 1, 2009, the criminal defendant against the victim D said that "if he/she lends four names to open and use a mobile phone, he/she will pay the victim D with the latest one cell phone and two million won in cash, he/she will be money if he/she sells the chips by changing the chips on his/her mobile phone, and he/she will not use the opened mobile phone, and even if he/she imposes a harsh amount, he/she will pay it."
However, the defendant thought that he had sold a mobile phone that he opened in the name of the victim as a mobile phone, and because it is economically difficult to do so, the defendant did not have an intention or ability to pay the victim the latest one cell phone and cash of 2 million won or to substitute the mobile phone fee.
The Defendant, by deceiving the victim as such, had the victim open seven mobile phones in the name of the victim, received them from the victim, and charged the victim with the sum of 11,362,310 won with the mobile phone fees by selling it by the mobile phone, thereby acquiring property profits equivalent to the same amount.
2. Around December 20, 201, the Defendant against the victim G made a false statement to the victim G at the Ik Center located in the Busan-gun H, Busan-gun, stating that “Ik Center shall pay back the amount in one month if Ik Center borrowed money to pay off the Ik Center’s guarantee.”
However, in fact, the father of the defendant did not have acted in good faith, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.
Nevertheless, the defendant is guilty.