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(영문) 부산지방법원 2015.10.07 2015고단3596
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant became aware of C of the mobile phone agency staff member of the Defendant’s main point that he was working for the Defendant, and asked C whether C has no solution to “A situation where C is unable to replace because it has failed to pay one million won or more of the mobile phone fees due to delinquency in the amount of up-to-date mobile phones.” Accordingly C newly opens three mobile phones in the name of the Defendant, and purchase the mobile phone for each of the two lines, and then, the two lines and the mobile phone immediately sold to another person, and then the Defendant reimburses the mobile phone fees in arrears of the Defendant with the sales proceeds, and provides C with explanation that even if the Defendant did not pay off the cash arrears, it can use the up-to-date mobile phone.

On January 10, 2014, the Defendant asked C to deal with the affairs, such as subscription to mobile phone service by the above method on behalf of the Defendant, sent his identification card to Kwikset Service. On the same day, C subscribed to a total of three mobile phone services in the name of the Defendant on the same day, and sold two lines and mobile phones to a third party, thereby paying the Defendant’s arrears with the sales proceeds, and allowing C to use the rest of one set of mobile phones with the Defendant.

However, on January 8, 2015, when the Defendant imposed 2,400,000 won on two mobile phone lines opened in the name of the Defendant and disposed of to a third party, the Defendant was able to report to the police that C arbitrarily purchased mobile phone services by forging an application for subscription to the mobile phone under the name of the Defendant in order to evade payment.

On January 9, 2015, the Defendant, at the public service center of the Korea Shipping Police Station located in Busan Metropolitan City, shall use two mobile phones by stealing the names of C.

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