Statute of Limitations for False Accusation | A Case of a Criminal Attorney's Response to a Charge of False Accusation That Concluded with Non-Referral

The client had maintained a romantic relationship with Mr. A (hereinafter referred to as the complainant) for several years.

During the relationship, the complainant asked the client to lend funds for a personal business, and the client, trusting the complainant, transferred tens of millions of won.

After receiving the money, however, the complainant gradually began to deliberately avoid the client's contact.

The complainant refused to meet the client, giving reasons such as "I will contact you a little later" and "I have no time because I am busy," and shortly thereafter abruptly gave notice of a breakup.

When the client asked the complainant to return the funds that had been used for the operation of the business, the complainant blocked the client's contact information.

The client, feeling that the complainant had no intention of repayment, accordingly filed a complaint on the charge of fraud.

The complainant, however, asserted that the complainant had clearly intended to repay, and, contending that the client's filing of a fraud complaint constituted a clear false accusation, filed a complaint within the statute of limitations for false accusation.

The client accordingly came to request the assistance of a criminal attorney in order to defend against punishment.

1) Negating the Elements of False Accusation Through Precedent

The investigative agency recognized that the client's complaint had been based on a reasonable judgment in light of the complainant's attitude and the circumstances at the time, and that it was difficult to find an intent involving awareness of a false fact.

It accordingly determined that the crime of false accusation was difficult to establish and decided on a non-referral disposition with respect to the client.

This matter, which had been raised within the statute of limitations for false accusation, was able to be concluded without punishment through the assistance of the criminal attorney.

A person charged with the crime of false accusation may, under Article 156 of the Criminal Act, be subject to imprisonment for not more than ten years or a fine not exceeding 15 million won.

If a charge of false accusation arises in connection with a crime prescribed in the Act on Aggravated Punishment of Specific Crimes, the person is punished by imprisonment for a definite term of not less than three years under Article 14 of the Act on Aggravated Punishment of Specific Crimes.

The statute of limitations for prosecution is ten years under the Criminal Procedure Act, and if a suspect stays abroad for the purpose of escaping criminal punishment, the statute of limitations is suspended for that period, so that punishment may be possible even after ten years have passed.

Because even a slight difference in expression in a statement can become an issue in a charge of false accusation, it can be risky to express your memory or judgment in absolute terms during the investigation.

In addition, if you attempt to rebut the other party's assertions immediately and repeat poorly organized statements, you may be misunderstood as having had intent, so an attitude that distinguishes fact from judgment in your explanation is necessary.

1) Structuring the Denial of Intent in the Crime of False Accusation

The criminal defense attorney organizes the reasoning process behind why the client filed the complaint at the time of the incident and constructs, as a matter of legal theory, the argument that the client had no intent based on an awareness of falsity.

2) Analysis of the Counterpart's Statements and Evidence

By reviewing the counterpart's statements and submitted materials, the attorney identifies contradictions or exaggerations and selects materials that support the conclusion that the client's complaint was grounded in objective facts.

3) Investigation Response and Coordination of the Direction of Statements

The attorney organizes the scope of statements required at each stage of the investigation and blocks unfavorable expressions in advance, thereby assisting the client in maintaining a consistent position.

When a complaint is filed within the statute of limitations for prosecution of the crime of false accusation, how the circumstances at the time of the incident and the question of intent are organized is of paramount importance.

A criminal defense attorney can provide comprehensive assistance ranging from setting the direction of statements to organizing evidence and developing an investigation response strategy.

🔗Legal Consultation Reservation allows you to review a response plan suited to your situation.

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