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(영문) 대구지방법원 포항지원 2016.09.08 2016고단809
병역법위반등
Text

The defendant's judgment [2016 Highest809] The crime of the case and the crime of the case [2016 Highest 820] are punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2015, the Defendant was sentenced to two years of suspended execution for a violation of the Military Service Act by the Daegu District Court on October 10, and the judgment became final and conclusive on the 11st of the same month.

[2016 Highest 809] The defendant, who is a person subject to enlistment in active duty service, received a written enlistment notice from the director general of the Daegu-do regional military manpower office on October 2, 2015 to enlistment from the Daegu-do regional military manpower office on November 17, 2015, and did not enlist until November 20 of the same year after three days from the convocation date without justifiable grounds.

[2016 Height820] Around February 6, 2016, the Defendant posted a letter to the effect that “The right of KRW 100,000 is sold by using a mobile phone at a place not known to him/her,” and reported it to the victim D, who visited him/her, “I will transmit the merchandise coupon in writing immediately if you send the money first.”

However, in fact, the defendant did not have intention or ability to sell merchandise coupons to the victim.

The Defendant received KRW 85,00 from the victim to the agricultural bank account in the name of the Defendant for the same day as the price for the goods, from March 26, 2016, the Defendant received KRW 25,000,000 in total from two persons, from the time to March 26, 2016, as shown in the list of crimes.

Accordingly, the defendant was informed of the victims and received each property.

[2016 Highest 905] On March 16, 2015, the Defendant stated that “If the Defendant sent 100,000 won first, it would give the point to the victim E who visited the victim E using a mobile phone in the vicinity of the bus terminal located in the Southern-gu Medium-ro 85, the Defendant would give the point to “if the Defendant sent 10,000 won first.”

However, even if the defendant does not have a above-line point, so even if he receives the payment from the victim, he/she shall have the intention or ability to transfer the point to the victim.

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