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Reasons
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(영문) 부산지방법원 2019.03.27 2019고정124
무고
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around September 2014, the Defendant: (a) allowed Dozer B to subscribe to a mobile phone, Internet, etc. under the name of the Defendant; (b) but (c) was imposed a charge of approximately KRW 1.4 million and registered as a bad credit holder; and (d) did not intend to file a false complaint with the purport that B used the name of the Defendant.

On April 30, 2018, the Defendant drafted a complaint with the Busan Jin Police Station located in 111-gil-ro 6, Busan Jin-gu, Busan, Busan, 408-4, and with the Plin-ro.

The content of the complaint was that "the defendant B joined the cell phone, the Internet, TV, etc. by stealing the name of the complainant and thereby causing debt to the complainant."

However, on September 16, 2014, the Defendant allowed B to subscribe to the mobile phone, Internet, TV, etc. in the name of the Defendant while dialogueing B and the mobile phone text messages, and received text messages on the charges imposed on B directly from B, so at the time, B did not have prepared an application for subscription to the mobile phone by stealing the name of the Defendant.

Nevertheless, the defendant submitted the above false complaint to the Busan Jindo Police Station to the Busan Jindo Police Station for the purpose of criminal punishment B.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint;

1. Investigation report (B hearing of statements and attaching mobile phone text messages) (According to the above evidence, the defendant is deemed to have been aware that a false fact is accused, according to the above evidence) is applicable to the law.

1. Article 156 of the Criminal Act and the choice of fines concerning the crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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