Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 17, 2013, the Defendant was sentenced to imprisonment for a violation of the Military Service Act in the Daegu District Court Kimcheon Branch on the same year and six months, and the same year.

8. 19. The judgment became final and conclusive.

On April 8, 2013, the Defendant made a false statement to the effect that “a loan fee of KRW 1.6 million is remitted to a victim B, which reduces a loan of KRW 20 million to a lending company when attending the lending company” by telephone at a place where the location is unknown.

However, in fact, the defendant was not an employee of the lending company, and there was no property and there was no income to use the money received from the victim for the cost of living, so even if he received the loan fee from the victim, he did not have the intent or ability to do so as agreed upon.

The Defendant received 1.6 million won around April 11, 2013 from the victim in terms of loan commission or loan brokerage fee, 1.5 million won around the 21st of the same month, and 3.2 billion won around the 24th of the same month, respectively, and acquired 2.7 million won in total.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. A statement of account transfer and a statement of account transfer transactions;

1. Previous records of judgment: Criminal records, inquiry reports on criminal records, previous records of dispositions, results of confirmation, results of case search which are bound on the records of public trial, and application of Acts and subordinate statutes of the judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the bench, taking into account the fact that it is necessary to consider equity in the case of a violation of the Military Service Act at the same time with the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.