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(영문) 부산지방법원 2013.05.14 2012고단5838
병역법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On March 28, 201, Defendant A refused to receive a muster notice without justifiable grounds, such as: (a) Defendant A was a person subject to public duty personnel call who was unable to reside in his/her domicile on his/her resident registration; (b) was sent three times to employees G of the Busan Regional Military Manpower Office on three occasions and became aware of the convocation date; (c) Defendant A was not required to send a notice to the future; and (d)

2. Defendant A and B

A. On August 20, 201, the Defendants: (a) the fact at the H office of Defendant A’s operation in Gangnam-gu Seoul Metropolitan Government (Seoul), even if they received investments from the victim F, did not intend to use the funds in connection with the operation of the said company; and (b) did not have the intent and ability to pay a monthly wage of KRW 500-10 million per month to the victim; (c) the victim did not have the intent and ability to pay a monthly wage of KRW 500-10 million per month; (d) the Defendant would make an investment of KRW 200 million in the first year; (e) KRW 50 million in the first year; and (e) from the second year, he/she received KRW 150 million in the check from the victim, namely, KRW 20 million in the name of the victim; and (e) acquired KRW 800,000 in the aggregate of KRW 980,000 in the name of the Defendant A, around September 5, 2011.

B. On October 201, 201, the Defendants were aware of the fact at a non-permanent location by the victim F, that the Defendants would not have any intent or ability to cover a 50 million won car even if they received an investment from the victim F, thereby making a false statement to the victim that “the victim would not have any intent or ability to cover the 50 million won car. In such a case, the Defendant would make an additional investment in the 20 million won car per 1,000 won, thereby making an additional amount of money.” On November 2, 2011, the Defendants conspired the victim to receive KRW 50 million from the said J’s account in the name of the said J as a fund for purchasing the imported car.

Summary of Evidence

1. Defendants’ 1.

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