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(영문) 서울북부지방법원 2014.11.07 2014고정2085
무고
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant received a petition for the respondent B from the public service center of the medical police station located in the Gu government.

The content of the petition was that "The respondent B, on December 2, 2013, in the Delecommunication Agency located in Gangdong-gu Seoul Metropolitan Government, obtained a photograph of the petitioner's resident registration certificate as a Kaxe without A's permission, and used the name of the petitioner by stealing the name of the petitioner and arbitrarily stated the name of the petitioner in the Handphone subscription application, thereby opening and using a mobile phone."

The defendant continued to be investigated as a petitioner in the investigation of the Government Police Station on the same day and in the counseling and investigation team office of the same day, B, the respondent, with a photograph of the petitioner's resident registration certificate, stolen the petitioner's name, thereby forging and using the Handphone's application form.

However, the fact was that the defendant allowed B to join the mobile phone in the name of the defendant and prepare a new service contract.

Nevertheless, as the Defendant did not pay the mobile phone charges properly, the Defendant did not request B to submit and receive a petition for forging and exercising a “new service contract” in the name of the Defendant without permission, with the aim of having B receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A petition and a police statement of the defendant;

1. Application of the B’s written laws and regulations;

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

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 100,000 won into one day) into the workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the confession and reflective fact, the primary fact, and the circumstances leading to the instant crime);

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