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(영문) 대구지방법원 경주지원 2014.04.29 2013고단567
사기등
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

1. The Defendant violated the Establishment of Homeland Reserve Forces Act: (a) on June 25, 2012; (b) on July 5, 2012, at the Defendant’s office, on the North Korean Racing-si.

7. Even though a notice of call-up for the training of homeland reserve forces in the name of the first unit commander of the 7516th unit of the Army, which caused the second supplementary training conducted by the training place for the first time until December, 199, was delivered by the defendant to the defendant, the above training was not conducted without any justifiable grounds;

2. Around September 19, 2012, the Defendant: (a) sent a false statement to the victim F, who called “the instant mobile phone is a mobile phone that can be used normally,” by accessing the Internet from a day on the North Korean Racing-si to a computer; and (b) reported that the Internet portal site 3 LTE was sold on the Internet portal site Ka page.

However, the fact that the above mobile phone was not a non-certified mobile phone that can be used normally.

The suspect was issued 420,000 won as the price for cell phone devices on the same day by deceiving the victim as such.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation;

1. Application of Acts and subordinate statutes governing criminal facts;

1. Relevant Article 15 (9) 1, Article 6 (1) of the Establishment of Homeland Reserve Forces Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with the victim by fraud, the fact that the mistake has been committed in depth through the living under confinement, the age of the defendant, family relationship,

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