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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. A person who has received a written notice of enlistment in active service in violation of the Military Service Act shall not enlist without justifiable grounds within three days from the date of enlistment;
Nevertheless, on February 12, 2016, the Defendant received the enlistment notice from Defendant D to March 14, 2016 from 301, Nam-gu C building 301 at port on February 12, 2016, to the Army Training Center, and did not enter the military without justifiable grounds by not later than three days after the date of enlistment.
2. Fraud;
A. On February 10, 2016, the Defendant sold “LGGG G3 mobile phone sales at the high-class car page among the Internet sites at the south-gu E at the port of port.”
The phrase “” posted a false statement to the victim G who contacted the Defendant to deposit the mobile phone price in advance to the victim G who made the contact with the Defendant in order to purchase the mobile phone, and made a false statement to send the mobile phone on his/her own.
However, in fact, the Defendant did not have a mobile phone sold to the victim, and was planned to use the money received from the victim for living expenses, so there was no intention or ability to send a mobile phone even if he received money from the victim as above.
The Defendant: (a) by deceiving the victim as above; and (b) received transfer of KRW 133,00 from the Daegu Bank in the name of the Defendant to the H account in the name of the Defendant on the same day; and (c) received a total of KRW 789,000 from around that time to June 7, 2016 in the same manner, including the transfer of KRW 133,00 from the victim to the H account in the name of the Defendant.
B. On November 2015, the Defendant: (a) using a computer on the victim I’s bulletin board of this item at a Buddhist area in Busan Dong-gu, Busan; (b) around November 2015, the Defendant:
A notice posted a letter to the effect that the purchase of an e-mail game item is "to offer mileage of the unit site on the face of the week," and that the victim will purchase the game item.
A false statement.