A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant directly received a written notice of enlistment in active duty service, stating that he/she is subject to enlistment in active duty service, from the Defendant’s residence located in Gangwon-si, Gangwon-si, Seoul, on April 15, 2016, to 30 association until May 31, 2016, and did not enlist within three days from the date of enlistment without justifiable grounds.

On January 29, 2014, the Defendant purchased a first set of a second class car in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, with a loan of 9,50,000 won from the victim Hyundai Capital Co., Ltd. for the purchase price for the said car, and agreed to pay 3,67,000 won in equal installments between 36,00 won and 3,000 won on the 20th day of each month. On the same day, the Defendant set up a mortgage of 4,750,000 won in the value of the bonds on the same day as security for the said loan.

Defendant was unable to pay the above loan installment on April 2014, and was able to do so at the French-dong, Incheon Metropolitan City.

D borrowed 5 million won in cash to D and provided the said car as security, so that the location of the said car is unclear.

Accordingly, the defendant concealed the passenger car which is the object of the victim company's mortgage.

Summary of Evidence

1. Statement by each of the defendants in court;

1. A written accusation of E;

1. Documents concerning notification of persons to be enlisted in active duty service, status of notification of active duty servicemen, written complaint, and evidence;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 88 (1) 1 of the relevant Act concerning criminal facts, Article 323 of the Criminal Act;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (a) provides that the defendant has no criminal records of the same kind of fine, and each of the crimes of this case shall not be less than that of the crime in light of the method and result thereof, and shall not be less than that of the crime, and the defendant has no agreement with the victim. However, the defendant has no criminal records of the criminal records of the suspension of execution and sentence due to the same kind of crime.