[Asia Economy Reporter Bae Kyunghwan] The Supreme Court has finalized a prison sentence for construction businessman Yoon Joongcheon, who was involved in the 'villa sexual bribery scandal' related to former Deputy Minister of Justice Kim Hak-ui. However, he was acquitted of the controversial sexual crime charges.
On the 26th, the Supreme Court's First Division (Presiding Justice Kim Seonsu) upheld the lower court's sentence of 5 years and 6 months imprisonment for Yoon, who was indicted on charges including fraud under the Act on the Aggravated Punishment of Specific Economic Crimes.
Yoon was prosecuted for repeatedly assaulting and threatening Mr. A, whom he introduced to former Deputy Minister Kim between 2006 and 2007, threatening with sexual intercourse videos, sexually assaulting him, and causing post-traumatic stress disorder. He was also accused of pocketing a total of about 3.8 billion won from five people, including receiving 1.4 billion won from a real estate development company under the pretext of obtaining golf course permits. Additionally, he was charged with borrowing 2.1 billion won from Ms. B, with whom he had an extramarital relationship, and failing to repay it.
The first and second trials recognized only Yoon's fraud charges and acquitted him of sexual assault charges. The first trial sentenced him to 5 years and 6 months imprisonment for fraud, solicitation of bribes, and attempted extortion. The special rape charge was dismissed due to the statute of limitations, the charge of injury by rape was dismissed due to the expiration of the complaint period, and the charges of false accusation and instigation of false accusation were acquitted. In particular, regarding the allegation that Yoon threatened Mr. A with sexual intercourse videos, the court acquitted him, stating, "The video was not submitted in court, and there is doubt about the actual existence of the video claimed by Mr. A."
The second trial upheld the first trial's judgment. The prosecution appealed, requesting a guilty verdict on the sexual crime charges that were acquitted or dismissed in the first trial, but the second trial stated, "After comprehensively reviewing the records up to the first trial, subsequently submitted materials, expert committee reports, and court testimonies, it concluded that maintaining the first trial's judgment is appropriate."
On this day, the Supreme Court also followed the lower court's ruling. The bench stated, "There was no proof beyond a reasonable doubt regarding the sexual violence charges and some fraud and instigation of false accusation charges among the indictment facts," and ruled, "There is no error in law, insufficient examination, or violation of evidence rules in the lower court's acquittal."
Meanwhile, former Deputy Minister Kim was sentenced to 2 years and 6 months imprisonment, a fine of 5 million won, and a confiscation of 43 million won at the second trial held on the 28th of last month. Kim, who was tried while in custody, was acquitted and released at the first trial on November 22 of last year but was re-detained following the appellate court's verdict. However, Kim was also dismissed of charges related to receiving sexual bribery from Yoon due to the statute of limitations.
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