A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

1. From May 1, 2019 to August 9, 2019, the Defendant was discharged from military service on August 9, 2019, while serving as the volunteer soldier belonging to the Korean War Veterans Association B, and was discharged from military service on August 9, 2019.

Since the Defendant left the military unit after receiving a regular leave from April 28, 2019 to May 2, 2019, the Defendant was forced to return to the military unit without justifiable grounds for the purpose of evading military service, even though the Defendant, who is in the Gangwon Hawon-gun C, from May 2, 2019 to May 2, 2019, should return to the military unit.

2. From January 18, 2012 to May 2, 2019, the Defendant sent KRW 119,83,000 in total to an illegal Internet gambling site account, including, but not limited to, the transfer of KRW 21,00 to the Bank’s account (Account Number: F) in the name of the Defendant using smartphones, and then, sent KRW 21,00 to the Bank’s account (Account Number: H) in the name of the Defendant’s account under the name of the Defendant. From January 18, 2012 to May 2, 2019, the Defendant collected game money by sending KRW 119,83,000 in total to the account of the illegal Internet gambling site, including, but not limited to, the list of crimes, from January 18, 2012 to May 2, 2019. After filling game money, the Defendant either received dividends or received dividends in accordance with the distribution rate of domestic and overseas sports games.

Summary of Evidence

1. Defendant's legal statement;

1. Military service records, each daily military history report, each leave order, 2019 personnel order, 376;

1. Application of Acts and subordinate statutes on details of financial transactions;

1. Article 30 (2) and Article 30 (1) 3 of the Military Criminal Act (the point of escape from military service) and Article 246 (1) of the Criminal Act (the point of escape from military service) concerning a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;