Dispute Over Tracking of 노무현재단 Account in 유시민 Trial
Unrelated to Controversial '유시민 False Statement'
Han Dong-hoon: "Fact Known Before 유시민's Apology"
From the left, Prosecutor General Han Dong-hoon, Yoo Si-min, Chairman of the Roh Moo-hyun Foundation, and Son Hye-won, former member of the Democratic Party of Korea. [Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] In the defamation trial against Prosecutor General Han Dong-hoon brought by Yoo Si-min, chairman of the Roh Moo-hyun Foundation, a claim has emerged that in February 2019, the Seoul Southern District Prosecutors' Office examined the Roh Moo-hyun Foundation's accounts during the investigation of former lawmaker Son Hye-won's 'Mokpo real estate speculation' allegations. Amid this, former lawmaker Son and Prosecutor Han are fiercely clashing outside the courtroom over the issue.
Former lawmaker Son demands that Prosecutor Han explain why the prosecution examined the Roh Moo-hyun Foundation's accounts while scrutinizing her own accounts. However, Prosecutor Han maintains that since there were deposits and withdrawals between Son's accounts, for which she was indicted and convicted, and the Roh Moo-hyun Foundation's accounts, it was natural for the prosecution to check the foundation's accounts under a warrant. Furthermore, he refutes the claim by stating that the investigation by the Seoul Southern District Prosecutors' Office in February 2019 occurred long before he became the head of the Anti-Corruption Investigation Division at the Supreme Prosecutors' Office, so it is unrelated to him.
After inquiries with the bank and the Roh Moo-hyun Foundation, former lawmaker Son, who had claimed there were no account transactions between herself and the foundation, revealed on her Facebook on the 21st that upon thoroughly checking her bankbooks, she found that she had received 500,000 won as a lecture fee from the Roh Moo-hyun Foundation.
Prosecutor Han, viewing posts by former lawmaker Son on Facebook that suggested he might have shared the foundation's account details with prosecutors at the Southern District Prosecutors' Office as false information damaging to a public official's reputation, announced legal action against her the previous day. In response, former lawmaker Son fired back on her Facebook that morning, saying, "Thanks to you, I have nothing left to lose, so I will face you anytime. It is an honor to finally meet you."
Yoo Si-min's Side: "Seoul Southern District Prosecutors' Office Confirmed Roh Moo-hyun Foundation's Financial Information" vs. Han Dong-hoon: "Completely Unrelated Case. Attempt to Distort the Truth"
The incident began at the second trial hearing of Chairman Yoo's defamation case held on the 18th at the Seoul Western District Court.
At that time, Yoo's side disclosed documents showing that the Seoul Southern District Prosecutors' Office had requested the bank to delay the notification of providing financial information and had responded to the Roh Moo-hyun Foundation accordingly, along with a confirmation letter received from Kookmin Bank in January. The lawyer stated, "Although it was not related to the Shiniljan investigation in December 2019 or 2020, there was a warrant execution in February 2019 under the name of the branch manager of Kookmin Bank's Seogang branch, and financial information was provided to the Seoul Southern District Prosecutors' Office with a six-month delay in notification."
Yoo was indicted on charges of defamation by false facts for statements made on the YouTube channel 'Alileo' in December 2019 and in interviews on MBC Radio's 'Kim Jong-bae's Focus' in April and July last year, claiming that the Supreme Prosecutors' Office's Anti-Corruption and Strong Crime Division illegally tracked his and the Roh Moo-hyun Foundation's accounts in late November or early December 2019.
Although the investigation subject, target, and timing of the search differ from Yoo's claims, it is asserted that the prosecution did check the foundation's financial information. This is interpreted as the lawyers' argument supporting that Yoo had reasonable grounds to believe the statements he made on broadcasts were true.
Previously, the Seoul Southern District Prosecutors' Office responded to the foundation's inquiry by stating, "The Financial Investigation Division 1 of the Seoul Southern District Prosecutors' Office did not request or delay notification of financial information provision regarding the Roh Moo-hyun Foundation's Kookmin Bank account in connection with the Shiniljan case." Yoo's side argues that the prosecution's ambiguous response, attaching the condition "in relation to the Shiniljan case," is questionable.
Regarding Yoo's claims, Prosecutor Han rebutted in a statement, "February 2019 was long before I became the head of the Supreme Prosecutors' Office's Anti-Corruption Division, and there was no situation warranting talk of surveillance on Yoo Si-min."
Prosecutor Han emphasized, "Yoo's side had already been notified by the bank around August 2019 about this matter, and Yoo even posted an apology in January 2021, so this is nothing new and clearly unrelated to this case. It seems they are trying to distort the truth by inserting unrelated matters from different times unrelated to the trial, which is regrettable."
He explained, "According to reports, in February 2019, during an investigation of 'another person,' the CIF (customer information file, not account transaction details) of accounts that transferred money to that person's account was checked and notified six months later. CIF only confirms the personal details of the remitter to a target account and is not account tracking that views specific account transaction details."
The confirmation letter submitted by Yoo's side to the court states that the Seoul Southern District Prosecutors' Office checked the foundation's financial information while investigating a case different from the one Yoo claimed in February 2019, by verifying the names of accounts that transferred money to the investigation target's account. This occurred at a completely different time from the defamation content against Prosecutor Han and cannot affect Yoo's criminal trial. Prosecutor Han's side also claims that Yoo was already aware of this fact when he apologized to Prosecutor Han in January.
On January 22, Yoo issued a statement through the foundation saying, "Everyone has the right to raise suspicions, but when exercising that right, one must bear the burden of proof. However, I failed to prove the suspicions I raised, and they were judged to be untrue."
He added, "Above all, I sincerely apologize to all prosecution officials for causing suspicion that the prosecution surveilled me due to false allegations. I do not think an apology alone is sufficient and will humbly accept any form of accountability."
Son Hye-won: "The 'Other Person' Is Me. Did Prosecutor Lee Bang-hyun Share Information?" vs. Han Dong-hoon: "Baseless Absurd Delusion. Will Take Legal Action"
Former lawmaker Son revealed on her Facebook the previous day that she was the investigation target referred to as the 'other person' in the Seoul Southern District Prosecutors' Office's confirmation of the Roh Moo-hyun Foundation's financial information.
She said, "The 'other person' mentioned here is me, Son Hye-won. Han Dong-hoon, you should speak properly. Is it not the data of funds transferred to my account but perhaps records of donations I sent to the Roh Moo-hyun Foundation? It's been so long that I don't even remember if I made donations, so I am checking."
She continued, "If the foundation's account was examined under the pretext of legitimate donation transfer records in my bankbook, this is as big a case as the 'whistleblower scandal.' Prosecutor Lee Bang-hyun, who prosecuted me in the fake seafood businessman case in Pohang, is said to be a close associate of Han Dong-hoon. I have a reasonable suspicion that the two collaborated while looking at my bank transaction records." Prosecutor Lee investigated and indicted former lawmaker Son in 2019 while working at the Seoul Southern District Prosecutors' Office.
On the same day, former lawmaker Son posted again on Facebook, pressuring Prosecutor Han by saying, "While tracking my accounts, Han Dong-hoon must explain why he looked at the Roh Moo-hyun Foundation's accounts. Let's not make ridiculous excuses but talk with facts."
In response to Son's accusations, Prosecutor Han stated in a press release, "I will take legal action against the false claims related to Yoo Si-min's trial made by Son Hye-won and others."
Prosecutor Han said, "There was definitely no targeted investigation or account tracking of Yoo Si-min or the Roh Moo-hyun Foundation as they claim. If there had been, Yoo, who lied for a year and a half, would not have sincerely apologized."
He emphasized, "If a crime occurs, anyone should be investigated according to procedures. Son Hye-won was properly investigated and indicted by the Southern District Prosecutors' Office and even received a guilty verdict in court, so it is natural to track her accounts with a warrant during the investigation."
Prosecutor Han stressed that as the then third deputy chief prosecutor of the Seoul Central District Prosecutors' Office, he was neither involved in nor informed about the case, saying, "They seem to think that any prosecution work they dislike was done by me without consideration."
He added, "Yoo Si-min lied that I tracked his accounts and have not yet been notified, but that was after the notification related to Son Hye-won's case and is completely unrelated to the CIF. They are trying to manipulate public memory by inserting unrelated matters as if they were new, which is regrettable."
Prosecutor Han announced he would take legal action against former lawmaker Son.
He said, "Yoo's claims do not match in timing or content, and when all else fails, Son Hye-won adds the 'absurd delusion without a shred of evidence' that a prosecutor at the Southern District Prosecutors' Office personally shared account details with me. I will take legal action against Son Hye-won and others for spreading baseless falsehoods that damage a public official's reputation."
Son Hye-won: "Received 500,000 Won Lecture Fee from Roh Moo-hyun Foundation"… "I Have Nothing Left to Lose. I Will Face You Anytime"
Meanwhile, in response to Prosecutor Han's stance, former lawmaker Son posted again on Facebook that day.
She said, "After thoroughly checking my bankbooks over the past decade, I found that I received money from the Roh Moo-hyun Foundation. The lecture fee I received at a fool's tavern near Gwanak-gu was actually from the foundation. I didn't know I received it, and I didn't know the amount, which was 500,000 won."
She added, "The Southern District Prosecutors' Office, which searched all my accounts based on the Mokpo real estate speculation case as a suspicion, seems to have followed this lecture fee to investigate the foundation's account transactions. Han Dong-hoon is trying to excuse this by saying he only wanted to see the personal details of the foundation's account, but that is a petty excuse not worth considering."
Former lawmaker Son said, "Therefore, whether only personal details were provided or not will naturally be confirmed if the prosecution returns the transaction details they received from the bank to the foundation or me. Han Dong-hoon should return them immediately."
She also expressed her stance on Prosecutor Han's announcement of legal action against her on Facebook that day.
She said, "Han Dong-hoon, I know you are good at media play, but isn't the 'legal action' card you wave when situations turn unfavorable a bit embarrassing for a prosecutor? Thanks to you, I have nothing left to lose, so I will face you anytime. It is an honor to finally meet you~"
Han Dong-hoon: "Son Hye-won Continues to Lie. This Is Not a Democratic Movement Investigation"
In response to former lawmaker Son's attacks, Prosecutor Han issued an additional statement that afternoon, continuing his counterattack.
Prosecutor Han first pointed out, "Although the statement was provided simultaneously to multiple media outlets, Son falsely claims that I leaked my position only to a specific media outlet."
This contradicts Son's earlier Facebook post stating, "Four hours ago, Han Dong-hoon leaked to Chosun Ilbo exclusively that he would take legal action against Son Hye-won for spreading false information, and an hour ago, JoongAng Ilbo received it. Tomorrow morning, all the media will be noisy," which is untrue.
Prosecutor Han also pointed out, "For reference, Son's case appears to be the ongoing trial for 'real estate speculation using parliamentary duties.' In real estate speculation cases, investigation of fund inflows and outflows is essential. This is not an investigation related to democratic movements but a real estate speculation investigation, and a first-instance guilty verdict has already been handed down by the court."
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