What? That's crazy. That'll make them check the 3DS to see what went wrong so that they could fix it for everyone else. If you wait for 10.4 to come out, they'll definitely install it on your console to make sure it works. No offence but your idea sucks.
If I was in that situation, I'd tell the truth. They'll help you for your money. I think they've realised by now that people lie when things like this happen so it's pointless trying.
Also, you probably won't get your console back until after they patch this. Just a guess.