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(영문) 대구지방법원 2021.02.18 2019고단3266

무고

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 5, 2019, the Defendant, at the police station of Gyeongbuk-si, 68, in order to obtain criminal punishment against B, made a false statement of complaint against B using a test color pen in the letter of complaint kept in the above police station with the aim of having B receive criminal punishment.

A written complaint states that “B arbitrarily prepares an application for joining his/her mobile phone on March 23, 2017 in the name of the defendant without the consent of the defendant, and thus forges and uses a private document.” In fact, the defendant consented to the preparation of the above application for joining the mobile phone through pro-Japanese, and therefore, B did not forge and use the private document.

Nevertheless, the defendant submitted the above complaint to the police officer who could not know his name in the public service center of the above police station on the same day.

As a result, the defendant reported false facts to public offices for the purpose of having a criminal punishment imposed upon B.

Summary of Evidence

Witness

B Legal Statements

1. Statement made by C by the witness in the third public trial protocol;

1. Statement made by the police against the defendant;

1. The defendant asserts that the defendant's assertion, such as the written complaint and the written application for admission by mobile phones, is true and reported, and that there is no intention to commit a crime.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, that is, B, with the identification card of the defendant in the investigative agency and in this Court, changed the mobile phone in the name of the defendant in the store operated by the defendant with the identification card of the defendant in this Court, and the mobile phone is opened in the name of the defendant. After the process of verifying whether the defendant and the mobile phone are opened through the mobile phone, the defendant and the mobile phone was prepared, and the mobile phone was opened.