(영문) 의정부지방법원 2015.11.05 2015고정134

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(영문) 의정부지방법원 2015.11.05 2015고정134

무고

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1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 11, 2014, the Defendant submitted a written complaint against C at the public service center of the Namyang Police Station.

The contents of the complaint are as follows: “C opened a cell phone in the name of the defendant by illegally using the contract, etc. for the installment transaction of a terminal installed in the name of the defendant at the mobile phone agency located in Seoul Special Metropolitan City around June 4, 201 without permission of the defendant and opened the cell phone.”

However, around June 4, 2011, the Defendant, along with C, received education related to sales of mobile phones from E and registered as a sales member, prepared a contract, etc. in the name of the Defendant under an agreement with E and C, and opened two mobile phones in the name of the Defendant, and C did not arbitrarily use the contract under the name of the Defendant without the consent of the Defendant and open the mobile phone.

In this respect, the defendant was committed with the aim of punishing C in criminal punishment.

Summary of Evidence

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. In light of the details of the complaint, new contract, and the letter of withdrawal of complaint (i.e., the entry of a deposit account in the automatic transfer column of a new service contract in which the defendant permitted to prepare, ② the telephone number (F was used by C as one of his own mobile phone numbers, and the defendant was contacted with C in the aforementioned new contract; ③ the withdrawal of complaint against C when C paid unpaid mobile phone fees to the defendant; and ③ the details of the complaint and the withdrawal of the complaint in this case, it can be sufficiently recognized that the defendant, while allowing C to open a cell phone in his own name while having allowed C to open a cell phone without obtaining permission from the defendant.

On the other hand, the defense counsel argues that the defendant was unable to receive the opening of a mobile phone because he was bad credit and was in collusion between C and E, a mobile phone dealer, but it is true that E, a mobile phone dealer, will work.

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