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(영문) 서울북부지방법원 2015.06.25 2014고정2864

무고

Text

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

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

Reasons

Punishment of the crime

On October 25, 2013, the Defendant submitted a written petition to the effect that “the name of the cellphone was stolen” was punished by a person who prepared a new contract for mobile phone service in the name of the Defendant, and attached the “new service contract” in the name of the Defendant, on which the official seal of “C Company D” and “Ecom F” is affixed, and stated at the above police station around 11:39 on the same day, the Defendant appeared at the above police station and stated that “the HandphoneG was opened because the new service contract in the name of the Defendant was forged and the Handphone was opened.”

However, on June 20, 2013, the Defendant consented by the agency to prepare the “new service contract” as an agent in order to open the above mobile phone, and thus, there was no forgery of the “service contract” without authority.

As above, the Defendant dismissed the employee in charge of the named agency.

Summary of Evidence

1. Statement of the police statement of the defendant;

1. A written petition;

1. Results from the reproduction and listening of a recording file CD;

1. The Defendant asserts that a new service contract, internal investigation report (a reply to communications data and a witness D counterpart investigation) only answers questions of the call center staff as directed by the borrower for the purpose of obtaining a loan, and that there was no delegation of authority to open a mobile phone.

The following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, namely, the Defendant sent a copy of identification card and a copy of passbook to the lender for the purpose of obtaining small loans, and the Defendant asked the Defendant, around 16:55 on June 20, 2013, who consented to the preparation of an application for opening by phone calls from the Defendant in order to verify whether the counselor of the Skel link has entered the mobile phone.