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(영문) 대구지방법원 2015.08.21 2015고정1405
무고
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Although the Defendant received request from B and consented to opening a mobile phone in the name of the Defendant and the Defendant’s wife C, the Defendant did not pay the mobile phone price and telephone call fee opened in the name of the Defendant and C, and was not infinite to bring about a false complaint with the aim of having B be subject to criminal punishment.

Around November 7, 2013, at the public service center of the Daegu Northern Police Station, the Defendant submitted a letter of complaint in the name of C, stating that “B forged the signature of the Defendant without the consent of the Defendant and opened two mobile phone numbers (number D and E) in the name of the Defendant, and punished,” “B forged the signature of the Defendant without the consent of the Defendant and opened one mobile phone (number :F) in the name of the Defendant, and only one copy of the mobile phone (number : G) in the name of C by forging the signature of C without the consent of C, and then stated that “B punished,” without the consent of the Defendant and C, was damaged by opening the mobile phone.”

However, in fact, upon B's request, the defendant agreed to open only three mobile phones in the name of the defendant, and one mobile phone in the name of the defendant's wife C. Since then B did not pay the mobile phone price and telephone call fee, C had C prepare a written complaint in the name of the defendant and submitted two copies of the written complaint in the name of the defendant.

Accordingly, the defendant did not appeal B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of the defendant;

1. Each complaint filed by the defendant and C;

1. A copy of each application for mobile phone subscription;

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