The court reversed the verdict from the 1st trial that found the construction company innocent over the suit on charges of false allegations accusing group JYJ’s Kim Junsu of fraud charges, and sentenced them to a fine of 10 million KRW.
According to Gumsung Law Firm on the [November] 14th, the Seoul Central District Court’s criminal first division overturned the original ruling in an announcement on the appellate trial held on November 10th. They “have fully acknowledged the intentionality of the false allegations (made by Mr. Kim from the construction company),” and sentenced Mr. Kim with a fine of 10 million KRW. [T/N: Admin will use ‘Construction-Kim’ in future mentions, to try not to cause any confusion]
The court judged, “The fact relevance about the construction cost (by the construction company’s representative) was done with fake charges to completely make different loan assertions; and in actuality through this, there was no loan but the intent of false accusations to try to get paid the construction cost”.
The court stated in their sentencing: “According to the evidences submitted by the prosecution, Mr. Construction-Kim had made accusations of fraud against Kim Junsu with the statement ‘He borrowed money to deceive to me’. He had said the false charges with the purpose of trying to get Kim Junsu criminally punished. We fully recognize the falseness in the contents of Mr. Construction-Kim’s complaint accusing him (Kim Junsu)”.
Also they said, “Mr. Construction-Kim hindered the nation’s fair proceedings and the function of punishment by doing a criminal action with fake facts. With the fact of these accusations being made public through the presses, the crime in considering the point that popular entertainer Kim Junsu’s reputation appears to have been damaged is heavy”.
Previously, it is true that the Seoul Central District Court criminal 5th unit had made a sentencing declaring Mr. Construction-Kim innocent when he made his accusations with fake facts in the verdict of 1st trial held the past July 14th , but the intention of the false charges as the only evidence submitted for inspection is inadmissible.
However in the appeals trial this time, the court took Kim Junsu’s side. Gumsung Law Firm stated, “This verdict from the court has confirmed the point that Kim Junsu had not even taken out a loan with the substantial amount of about 4.9 billion KRW from Mr. Construction-Kim. They clearly stated Mr. Construction-Kim is applying to the act of false allegations that is impermissible by the law when he had introduced his complaint with false information. This has a considerable significance”.
Also they emphasized, “The court’s strict demeanor –to punish the act that falsely make accusations with the intent of getting intoxicated in personal self-interest, and which dealt a blow in the price of an entertainer’s fame as a calumny– gives credit distinctly to the point that they recognize the right for an entertainer’s personal rights and honor to be protected. The wrongdoing to gain a profit from exploiting and taking advantage of the price of an entertainer’s fame any longer must be eradicated from our society with the opportunity of the verdict this time”.
Meanwhile about the fraud charges, the prosecution has cleared Kim Junsu of suspicion. Following the judgement on Mr. Construction-Kim’s accusations falling under false allegations, they have charged Mr. Construction-Kim.