Former National Intelligence Service Director Kim Seong-ho, who was indicted on charges of providing 400 million won in National Intelligence Service funds to former President Lee Myung-bak, is attending the second trial sentencing hearing held at the Seoul Central District Court in Seocho-gu on the 25th. [Image source=Yonhap News]
"Unless the court is divine, it cannot know exactly what happened at the time, but there is a possibility that such an event occurred (without being reported to the defendant)."
"We cannot completely rule out the possibility that (the funding support to the Blue House) was directly transacted without informing the defendant."
Kim Seong-ho, former head of the National Intelligence Service (NIS), who was prosecuted for providing a total of 400 million KRW in special activity funds (SAD funds) to former President Lee Myung-bak, was acquitted again in the appellate court.
On the morning of the 25th, the Seoul High Court Criminal Division 1-1 (Presiding Judge Lee Seung-ryeon) delivered this verdict to Kim, who was charged with loss of state funds under the Act on the Aggravated Punishment of Specific Crimes.
Kim was prosecuted on charges of delivering 200 million KRW twice in the early days of his tenure in 2008. The first delivery was between March and May of that year at the request of former President Lee, and the second around April to May through Kim Baek-joon, former Blue House Chief of General Planning.
On this day, the court found it difficult to trust the testimony of former Chief Planner Kim, who was direct evidence to prove Kim’s charges. The court upheld the first trial’s judgment that "Kim Baek-joon could not clearly distinguish between facts he experienced and those he did not, and there is a possibility he confused the funds received through other channels."
The court also pointed out the lack of credibility in the testimony of Kim Ju-seong, then head of the NIS Planning Office, who claimed to have delivered 200 million KRW to former Chief Planner Kim under Kim’s instructions. The court stated, "The prosecution conducted investigations based solely on Kim Ju-seong’s testimony, but never investigated whether a third party received the money or whether it was reported to and approved by the defendant."
Furthermore, the court added, "There is naturally a significant difference in culpability between delivering 200 million KRW to the Blue House without reporting and delivering it under the defendant’s instructions. Kim Ju-seong had ample motive to give false testimony to reduce or evade his responsibility."
Meanwhile, former President Lee is currently serving a prison sentence after the Supreme Court confirmed the original sentence in 2020, sentencing him to 17 years in prison, a fine of 13 billion KRW, and a confiscation of approximately 5.78 billion KRW. At that time, the Supreme Court recognized the loss of state funds charge as valid regarding the 400 million KRW transferred from the NIS. Additionally, he was found guilty of embezzling company funds from the automobile parts company DAS and receiving bribes, including the U.S. lawsuit expenses for DAS paid by Samsung Electronics.
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