Case Type: Criminal

Result: Suspended Sentence

Case Summary:

The criminal defense team of Suhn Law Group recently secured a suspended sentence for a defendant who had been indicted on charges of filing a false accusation with investigative authorities.

False accusation is generally considered a serious offense with a low likelihood of receiving a suspended sentence. Under Article 156 of the Criminal Act, it is punishable by up to 10 years of imprisonment or a fine of up to 15 million KRW. In practice, a conviction often leads to a custodial sentence without suspension.

In this case, the defendant, who operated a redevelopment and reconstruction service company, filed a criminal complaint alleging that he had been deceived by the victim, who promised a 40 billion KRW investment, and consequently paid approximately 4 billion KRW in cash and issued promissory notes, resulting in total damages of 5.6 billion KRW. However, the prosecution determined that the complaint itself constituted a false report and indicted the defendant. The prosecution sought a sentence of five years’ imprisonment, making the likelihood of a custodial sentence particularly high.

In response, the criminal defense team of Suhn Law Group (lead attorney: Woo-Joong Kim) focused on two key arguments: (1) for false accusation to be established, there must be affirmative proof that the reported facts are objectively false, and mere exaggeration of circumstances does not constitute the offense; and (2) even if certain statements were inaccurate, the defendant lacked awareness of their falsity.

During trial, the defense examined six witnesses, including the alleged victim, highlighting inconsistencies in their testimonies. Four witnesses gave conflicting accounts regarding when the defendant and the victim first met. The defense also demonstrated through bank records that the defendant had in fact transferred substantial sums to the victim. While the victim denied making any investment proposal, it was also established that the victim had not suffered any financial loss. The defense systematically challenged the credibility of the witnesses by exposing contradictions in their statements.

The court ultimately acknowledged that the falsity of the accusation was supported by witness testimony and documentary evidence. However, considering the inconsistencies in witness statements and the fact that only the defendant suffered financial loss, the court sentenced the defendant to two years’ imprisonment, suspended for four years.

Although sentences exceeding one year of imprisonment for false accusation rarely result in suspension, Suhn Law Group successfully presented a structured defense based on thorough analysis of complex facts and detailed client interviews. By emphasizing discrepancies among witness testimonies and articulating the defendant’s position, the firm secured a suspended sentence.

Inquiry: Attorney Woo-Joong Kim