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(영문) 부산지방법원 2015.01.28 2014고정5547
무고
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 16:00 on February 28, 2014, the Defendant: (a) prepared a false statement of the fact that “the petitioner has opened his/her mobile phone, although he/she did not open his/her mobile phone; (b) opened his/her mobile phone by stealing his/her name in the name of the petitioner; and (c) opened his/her mobile phone through the automatic transfer passbook so far; and (d) submitted the said document and a new contract for service to the police officer in the name of the public service center at around 17:00 on the same day; and (c) attended the Busan Police Station and the Office at the Busan Police Station and the Office at the Busan Police Station on March 15:28, 2014; and (c) opened a mobile phone through forgery of a new contract using the name of the person under whose name the person under whose name the person was in danger used to arrange the loan to the petitioner on May 1, 2012.

‘ ‘ makes a false statement to the effect that it made a false statement.

However, the defendant delegated the authority to open a mobile phone to D who is a lending business entity for the purpose of obtaining small loans using the purchase of a mobile phone, and D only prepared a new mobile phone service contract with the delegation from the defendant and submitted it to the radio operator, and D did not forge or use a new mobile phone service contract under the name of the defendant.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on a petition;

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, 153, and 55 (1) 6 of the Criminal Act mitigated by law;

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;

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