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(영문) 울산지방법원 2018.02.23 2017고단4048

무고

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 8, 2016, the Defendant: (a) on the petition sheet kept at the Ulsan-gun Police Station located in the village 6-lane 6-gil, Ulsan-gun, Ulsan-gun, U.S. on June 8, 2016, “S. 31 August 31, 2015; and (b) the same year.

9.1. 1. Preparation and submission of a written petition to the effect that the name of the defendant was stolen from G in the above police station F and office of the police station to the effect that the name of the defendant was stolen in the name of the defendant in the above police station F and office of June 15, 2016, KT mobile phone 2 units (C, D), and SKS mobile phone 1 unit (E) were opened without permission, and three copies of the written application to join the mobile phone in the name of the defendant to the effect that the name of the defendant was stolen from the above police station G in the above police station F and office

H made a statement to the effect that “H is doubtful.”

However, in fact, the defendant and H needed money to open a mobile phone in the name of the defendant, and sell a mobile phone with a heavy device and use it as a living cost. The defendant issued a written confirmation of the fact that he/she has signed the "on-line opening of a mobile phone" directly, and he/she consented to H to the opening of a mobile phone by directly communicating with the owner of the mobile phone agency and directly communicating with the owner of the mobile phone agency, so the above H did not have forged the application without the consent of the defendant.

Nevertheless, when the defendant claimed the above-mentioned mobile phone charges, the defendant knew that it is not necessary to pay the charges if it is opened by fraudulent use of the name, the defendant prepared a false petition and submitted it to the investigation agency, and made a false statement against the investigation agency.

As a result, the defendant had H applied for criminal punishment for the purpose of having H punished punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Each police statement made to the defendant or I;

1. A petition, a written confirmation of signature of the principal, and a copy-related document;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the nominal owner of a personal phone), report on internal investigation (Attachment of details of passbook transactions);

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157 and 153 of the Criminal Act to mitigate confessions;