Case Type: Criminal

Result: Suspended Sentence

Details:

The Criminal Team of Suhn Law Group recently secured a suspended sentence for a defendant prosecuted for filing a false complaint, violating Article 156 of the Criminal Act (무고죄). False accusation is a serious crime under Korean law, carrying up to 10 years imprisonment or a fine up to 15 million KRW, and cases often result in prison sentences without suspension.

In this case, the defendant, operating a redevelopment/reconstruction service company, filed a complaint claiming that the victim had deceived them out of 56 billion KRW through cash payments and promissory notes, following a supposed promise of a 40 billion KRW investment. The prosecution judged that the complaint was false and initiated charges, with an initial prosecutorial demand of 5 years imprisonment, making the risk of a prison sentence very high.

The Suhn Law Group Criminal Team (Lead Attorney: Kim Woo Joong) argued:

1. False reporting must be actively proven: Only exaggeration or partial misrepresentation does not constitute a criminal act.

2. Lack of intent to deceive: Even if some inaccuracies existed, the defendant did not knowingly submit false information.

The defense conducted comprehensive witness examinations in court, including six witnesses (four victims and two others), highlighting inconsistencies:

• Conflicting testimonies regarding the timing and circumstances of meetings

• Bank transfer records confirming cash payments by the defendant

• The victims’ claims of no investment or monetary loss, contradicting their complaint

By systematically contrasting the witnesses’ conflicting statements and documentary evidence, the defense demonstrated that while some aspects of the complaint were technically false, the defendant could not have fully known this, and the financial harm was primarily observable by the defendant alone.

Based on this analysis, the court recognized the falsehood of the complaint but, considering the circumstances and evidence discrepancies, sentenced the defendant to 2 years imprisonment, suspended for 4 years, allowing them to avoid incarceration.

This case highlights Suhn Law Group’s approach of thorough factual analysis, strategic witness examination, and precise legal argumentation to protect clients in complex criminal cases involving serious charges like false accusation.

Contact for Case Inquiries: Attorney Kim Woo Joong