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(영문) 대전지방법원 천안지원 2019.05.15 2018고단241
병역법위반등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2018 Highest 241" is a person subject to enlistment in active service.

On November 27, 2017, the Defendant: (a) received directly a notice of enlistment in the military training center in the name of the director of the Daejeon District Military Manpower Office in the name of the Daejeon District Military Manpower Office on December 26, 2017; and (b) did not enter the military without justifiable grounds until December 29, 2017, for which three days have passed from the date of enlistment.

around March 4, 2017, the Defendant “2018 Highest 332” is a director of E, a famous pharmaceutical company, and a representative director of the said pharmaceutical company, who is smallest Arabic area, to the victim D who became aware of in the Internet club around March 4, 2017.

Until now, it is difficult to pay hospital fees to the mother-child, and it is possible to pay hospital fees to the patient.

"......"

However, the defendant did not have any property at the time and did not have any relationship with E, and did not have any intent or ability to repay the money borrowed from the victim, such as the victim's idea of gambling with the money received from the victim.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the Defendant’s national bank account, from that time, received KRW 330,749,912 in total from the victim 114 times from September 10, 2017, as shown in the List of Crimes.

Summary of Evidence

"2018 Highest 241"

1. Statement of the defendant in the sixth protocol of trial;

1. A written accusation;

1. The enlistment notice in active duty service, the progress of delivery, and the military register inquiry "2018 Ma332";

1. Statement of the accused in the seventh trial records;

1. Statement by the prosecution concerning D;

1. Investigation reports (major transactions in the account and submission, etc. of detailed statements);

1. Application of Acts and subordinate statutes to loan certificates, respective detailed statements of transactions, loan certificates, and name cards;

1. Article 88 (1) 1 of the Act applicable to criminal facts, Article 88 (1) of the Military Service Act that provides for the choice of punishment, and Article 347 (1) of the Criminal Act (Fraud and choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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