The prosecution has requested a two-year prison sentence for a man in his 20s who was indicted on charges of having a friend serve in the military on his behalf after receiving an offer to pay half of a soldier's monthly salary in exchange for "proxy military service."
According to Yonhap News on the 20th, the prosecution asked the court to sentence Mr. A to two years in prison during a trial held at the Daejeon District Court Criminal Division 8 (Presiding Judge Lee Mina) on charges including fraud, violation of the Military Service Act, and obstruction of official duties by deception. Mr. A was prosecuted for having Mr. B, a man in his late 20s whom he met through an online community, serve in the military on his behalf.
The proxy enlistment was uncovered when Mr. A’s family, who learned that Mr. A was receiving a soldier’s salary despite not serving in the military, voluntarily reported the matter to the Military Manpower Administration.
Investigations revealed that Mr. B, who was experiencing financial difficulties, first proposed, "If you give me half of the soldier’s salary, I will enlist in active duty on your behalf," and Mr. A accepted the offer, leading to the crime. To pass the identity verification process during the proxy enlistment, Mr. A handed over his ID card and mobile phone to Mr. B.
Mr. B impersonated Mr. A by submitting the ID card received from Military Manpower Administration staff and underwent the enlistment physical examination. Subsequently, Mr. B enlisted under Mr. A’s identity and served in a unit in Gangwon Province for three months starting from July last year. It is known that Mr. B had previously enlisted to fulfill his military duty but was discharged due to mental health issues before the proxy enlistment.
The military authorities were completely unaware of the proxy enlistment until Mr. A’s voluntary report. This is the first case of proxy enlistment detected since the establishment of the Military Manpower Administration in 1970.
During the trial, Mr. A admitted to all charges but argued that he wanted a legal judgment on proxy enlistment. Mr. A’s lawyer stated, "There is doubt whether a guilty verdict for violating the Military Service Act can be established. Proxy enlistment should be based on the existence of a lawful active duty enlistment notice, but in this case, a third party applied for active duty service and underwent a physical examination on behalf of the defendant, after which the active duty enlistment notice was issued. Therefore, the enlistment notice itself is legally invalid from the start."
In the final argument, the lawyer added, "Although the defendant has not been diagnosed with a disability, his intelligence quotient is very low. Because of this, he has already been deemed unfit for active duty and is awaiting exemption." The lawyer requested, "Please consider that the defendant had no reason to ask for proxy enlistment as an active-duty soldier and did not play a leading role in the crime."
Mr. A said, "From now on, I will listen carefully to my parents and try to ask questions about things I do not know and live properly, so I ask for leniency." Currently residing in Daejeon, Mr. A is being tried without detention at the Daejeon District Court, which has jurisdiction over his residence.
Meanwhile, Mr. B was sentenced to one year and six months in prison with a two-year probation on charges of fraud, violation of the Military Service Act, obstruction of official duties by deception, and violation of the Resident Registration Act at the Chuncheon District Court on the 13th of last month. The court stated, "This is a serious crime that undermines trust in national administrative procedures and requires strict punishment," but also noted, "The defendant has already been discharged and does not appear to have committed the crime with the intent to help someone evade military service. It seems the crime was committed due to financial hardship, with no purpose other than receiving the salary. Considering the defendant’s mental illness, which appears to have influenced the crime, the sentence was determined accordingly."
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