2015 High Court 482 High Court Order

A person shall be appointed.

Residential Tong-gu in Suwon-si

Reference domicile Incheon Bupyeong-gu

Kim U.S. (Lawsuits) and delay in gambling (Trial)

Law Firm

July 12, 2016

Defendant shall be punished by a fine of 5,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

On March 25, 2013, the Defendant, along with “B”, a golf club site via “B”, came to run a golf club with “B,” and developed into a relationship with the Defendant, with meals together, setting up at a singing room. From the above date to May 20, 2013, the Defendant had a sexual relationship five times at the place of residence of her mother and her port located within the permitted range from the above date to May 20, 2013.

Meanwhile, from March 28, 2013 to September 10, 2010 of the same year, the Defendant: (a) provided money and valuables equivalent to KRW 140,400,000 with business funds by cancelling a term deposit, etc.; (b) provided vehicle purchase fees, etc.; (c) became difficult to repay obligations by being unable to be returned from C; and (d) was doubtful of the relationship with C from the husband when he/she was under suspicion of the relationship with C, he/she was raped by intimidation, such as being under the influence of alcohol from C, or having her husband know of the sex relationship; and (c) was sexual intercourse with the husband; (d) filed a false complaint to the effect that he/she was subject to criminal punishment; and (e) was willing to recover money and valuables granted.

Accordingly, on March 19, 2013, the Defendant was raped on five occasions, including raped by C in a state of being under the influence of alcohol, at the Suwon District Prosecutors' Office which is located in the territory of the Tong-gu, Suwon-si, Suwon-si, and on March 25, 2013, at the motherel where the trade name in the territory of the Tong-gu, Suwon-si cannot be known. From around that time to September 10 of the same year, the Defendant was threatened the husband to know of the above fact, and was punished for the said money and valuables worth KRW 140,400,000,000 to the her husband. Accordingly, the Defendant filed a false complaint to the effect that “any falsity is filed.”

Accordingly, the defendant was not subject to criminal punishment for C.

Summary of Evidence

1. Part of the statement made by witnesses D in the fourth trial record;

1. Part of the statement of witness E in the sixth trial record;

1. Complaint;

1. Investigation report (the record of telephone conversations with the complainants submitted by the accused and CDs), investigation report (to attach telephone conversations and message details with the complainants through digital evidence analysis of the suspect mobile phones);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 156 of the Criminal Code, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. The assertion;

The Defendant was raped by C while having lost the mind, and thereafter C continuously demanded money or forced sexual intercourses, and the Defendant only acted like C’s misconduct by having other persons known of these facts. As such, the Defendant is not a relationship with C, and the Defendant did not file a false accusation for the purpose of returning money or having other persons subject to criminal punishment.

2. 판단 , 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 피고인이 2013. 3. 25. 술에 취해 정신을 잃은 상태에서 C로부터 강간을 당했다 .는 이 사건 고소 내용과 달리 피고인이 2013. 3. 25. C, D, E과 같이 노래방에서 맥주를 한 두잔 마셨는데, 술에 취하기는 하였지만 정신을 잃을 정도는 아니었던 것으로 보이는 점, 피고인과 C가 주고 받은 대화나 카카오톡 메세지를 살펴보면, 그 내용이 연인관계에서 있을 수 있는 표현이나 내용인 점, 피고인이 C로부터 강간을 당했다고 주장하는 다음날인 2013. 3. 26. 12 : 28 : 29부터 같은 날 12 : 59 : 55까지 C와 사이에 일상적인 내용의 카카오톡 메시지를 68회 주고 받았고, 피고인이 C에게 ' ^ ^, ㅋㅋ, ~ ~ ' 라는 표현을 보내기도 한 점, 피고인은 2013. 4. 24. C에게 자신의 남편이 피고인이 농협캐 피탈에서 대출받은 사실에 대해 알게 된 상황을 말하면서도, C를 ' 자기 ' 라고 부르고 , ( 남편에게 ) 내가 지금 가고 있는 중이다. 집에 가서 얘기하자 그러고 말았거든. 그런 상황이야. 머리를 굴러봐야 돼 ' 라고 이야기한 점을 보면, C가 피고인을 협박하여 돈을 갈취한 것으로 보이지도 않는 점 ( 수사기록 146쪽 ) 등에 비추어 보면, 피고인이 C를 형사처벌 받게 할 목적으로 허위사실로 고소하였다고 봄이 상당하다 .

Judges Song Jae-ju