Kim Hak-ui Acquitted in Retrial on 'Bribery' Charges... Witness Credibility Rejected

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] The Supreme Court acquitted former Vice Minister of Justice Kim Hak-ui in the retrial on bribery charges, which was remanded to the High Court due to the possibility of contamination of the witness's testimony changed after a pre-interview with the prosecutor. This was because the credibility of Mr. Choi, who changed his testimony to be unfavorable to former Vice Minister Kim, was rejected as a witness.

On the afternoon of the 27th, the Criminal Division 3 of the Seoul High Court (Presiding Judge Park Yeon-wook) overturned the original sentence of 2 years and 6 months imprisonment, a fine of 5 million won, and a confiscation of 43 million won in the retrial of former Vice Minister Kim on charges of bribery under the Act on the Aggravated Punishment of Specific Crimes, and acquitted him.

The court explained the reason for the acquittal, stating, "It is difficult to believe that the testimony of witness Choi has credibility that excludes reasonable doubt," and "It falls under the case where the criminal facts are not clearly proven."

Until now, the defense team of former Vice Minister Kim and the prosecution had disputed the credibility of witness Choi, who gave testimony unfavorable to former Vice Minister Kim, but on this day, the court ruled in favor of former Vice Minister Kim.

The court pointed out, "If the prosecutor who directly examined the witness presided over the pre-interview, the witness might have been implicitly instructed to give the same testimony in court as given to the prosecution," and "The original witness examination records and transcripts should be viewed in court as a principle. Presenting the witness examination records during the pre-interview could induce or imply answers."

Earlier, former Vice Minister Kim was prosecuted on charges of receiving bribes worth about 130 million won and multiple sexual favors of an unquantifiable amount from construction businessman Yoon Joong-chun between 2006 and 2008, and receiving bribes of about 49 million won, including cash and payment of anonymous mobile phone bills, from construction businessman Choi, who acted as his "sponsor" from 2003 to 2011.

The first trial dismissed the sexual favor allegations against former Vice Minister Kim due to the expiration of the statute of limitations and acquitted him of the remaining charges.

The second trial recognized guilt for 43 million won of the bribes received from Mr. Choi, sentencing him to 2 years and 6 months imprisonment, a fine of 5 million won, and confiscation of 43 million won, and ordered his detention. This was because witness Choi initially denied the bribery but reversed his testimony after a pre-interview with the prosecutor before appearing in court.

However, in June last year, the Supreme Court accepted former Vice Minister Kim's claim that "Choi met with the prosecutor before appearing as a witness" and sent the case back to the Seoul High Court. At that time, the court pointed out, "It is difficult to exclude the possibility that the witness changed his previous testimony to one consistent with the charges due to inducement, pressure, or suggestion by the investigative agency."