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(영문) 부산지방법원 동부지원 2015.12.07 2015고정134

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 30, 2013, the Defendant: On April 30, 2013, at the Maritime Transportation Police Station located in Busan Metropolitan City, the Defendant released money by cutting off C/C/ mobile phone so that the Defendant stolen the passbook.

c. Receipt of the written complaint to the effect that it is illegal use of the name of the child, and the police officer in charge at the above police station stated that “C has forged an application for mobile phone admission with the welfare card and the resident registration certificate of the child inside our house and used it to withdraw money from the head of the Tong without the consent of the police station.”

However, on September 5, 2012, the Defendant permitted C to open a mobile phone in the name of the Defendant in the “E Telecom” located in Daegu Northern-gu, Daegu-gu, to open a mobile phone in the name of the Defendant. On December 17, 2012, the Defendant permitted C to withdraw money from the Defendant’s Daegu bank account and use it.

As a result, the Defendant reported false facts to the police station for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Entry of a copy of interrogation protocol of C prepared by the police;

1. Entry of a copy of the complaint prepared by the defendant;

1. Statement of an investigation report prepared by the prosecution (report on telephone communications of the reference witness I);

1. To enter into investigation reports (the compact telephone conversations) prepared by the police;

1. Application of the statutes in which a copy of a recording form (Evidence No. 77-82 of the record) is recorded;

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;