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(영문) 서울남부지방법원 2015.06.10 2015고단996
병역법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who serves as a social work personnel at a facility in Yangcheon-gu Seoul Metropolitan Government.

Social work personnel shall not leave their post or serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, on June 13, 2014 and August 14, 2014, from August 18, 2014 to August 22, 2014, the Defendant left the service for a total of eight days or more because the Defendant did not attend the said C Facilities without justifiable grounds.

Of January 2014, the Defendant, as an instructor of a dance institute, made a statement to the effect that “The Defendant would exempt the victim from the payment of KRW 3 million for the first three-year prepaid and music expenses for the first three-year prepaid payments for the private teaching institute. If the Plaintiff paid KRW 6 million for the first three-year prepaid payments, then the Defendant would have exempted the victim from the payment of KRW 3 million for the first three-year prepaid payments for the dance institute.” In addition, the Defendant made a statement to the effect that the Plaintiff would demand reimbursement of the money for the first one-year prepaid payments and the expenses for recovery.”

However, at the time, the Defendant had been liable for personal debt 30 million won, and had been urged by creditors to repay the debt by the amount received from the victims, and did not notify the victims of this fact.

On February 4, 2015, the Defendant transferred 5.5 million won as tuition fees of a private teaching institute to the victim, and acquired 2.4 million won as tuition expenses of a dance hall on the 26th of the same month.

Summary of Evidence

"2015 Highest 996"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written accusation;

1. A written investigation of a breach of service;

1. "Notice 2015 Height 1294";

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police;

1. Application of Acts and subordinate statutes to a written complaint;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (a violation of the Military Service Act) and the Criminal Act;

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