Q
What evidence is needed to prove the crime of false accusation of indecent assault?
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A client wasn't paying, so I filed a lawsuit and recently received a winning judgment from the court. But even after the judgment was finalized, they still aren't sending the money. I heard I can forcibly receive the money by seizing the other party's bank account. What is the bank account seizure procedure? I'm also wondering at what point I can directly receive that money.
indecent assault false accusation crime
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If you have been falsely accused with content that is not true in an indecent assault case, the act of fabricating and reporting a false criminal fact may constitute the crime of false accusation under Article 156 of the Criminal Act.
However, the crime of false accusation of indecent assault is not established merely on the grounds that "the charges were not recognized."
The other party must prove that "they knew their statement was false but still filed the complaint," that is, that they intentionally made a false report.
Also, they must have done this with the purpose of causing another person to receive criminal punishment or disciplinary action.
Therefore, to prove the crime of false accusation, securing objective evidence at the time of the incident is key.
CCTV footage, statements from nearby witnesses, conversation recordings, text/SNS conversation records, and on-site movement records (entry cards, location records, etc.) can serve as strong evidence.
In fact, there are cases where, after securing CCTV and audio recordings and obtaining a non-prosecution disposition, false accusers were prosecuted for the crime of false accusation.
If the perpetrator's crime of false accusation of indecent assault is recognized, imprisonment for up to 10 years or a fine of up to 15 million won is imposed.
However, since both the accuser's intent and act must be proven for the crime of false accusation, it may be difficult for an individual to respond alone.
From the investigation stage, a legal expert must guide the direction of evidence collection and establish a statement strategy to prevent unfavorable results.
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