(영문) 인천지방법원 2012.12.06 2011고정4500

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(영문) 인천지방법원 2012.12.06 2011고정4500

무고

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 2008, the Defendant requested the Defendant to lend the name of the victim to the Defendant when the victim met or saveed the victim C, but the victim attempted to buy a mobile phone on or around September 2008, but was not able to use the mobile phone because of the bad credit, and the Defendant allowed the Defendant to buy and use the mobile phone under the name of the Defendant on condition that the victim pay the mobile phone fee.

However, since the victim failed to pay the mobile phone fees normally or thereby resulting in the situation where the defendant, who is the nominal owner of the mobile phone, should pay such fees, the victim was willing to file a complaint with the defendant without permission of the defendant in order to avoid the legal responsibility.

Therefore, on July 9, 2010, for the purpose of having the victim punished, the defendant stated the false statement that "A, the complainant, lost his/her resident registration certificate and driver's license around April 2008, and the defendant C, who was the defendant, purchased the phone by stealing his/her driver's license and resident registration certificate by stealing his/her driver's license and resident registration certificate," and submitted the written complaint to the employee in charge of the failure to name. On the same day, at the above police station investigation office and the office of the economy 5 team office, the defendant, who was a police officer at all of September 29, 2008, used the identity card of the complainant and used the personal information of the complainant, thereby forging who used the personal information of the complainant, thereby forging forged the cell phone membership document to enter the cell phone and making a false statement to the effect that "C is punished."

Summary of Evidence

1. Legal statement of witness E;

1. Protocol of examination of witnesses E in the fourth protocol of trial;

1. Protocol of examination of the witnessF;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes, such as a petition for complaint, application for joining LG telecom;

1. Criminal facts;

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