Prosecution Appeals Acquittal in 2nd Trial of Former NIS Chief Kim Seong-ho on '4 Billion KRW Special Activity Fund to MB' Charges

Kim Sung-ho, former National Intelligence Service Director [Photo by Yonhap News]

[Asia Economy Reporter Kim Daehyun] The prosecution has filed an appeal after former National Intelligence Service (NIS) Director Kim Seong-ho, who was tried on charges of providing a total of 400 million won in special activity funds (teukhwalbi) to former President Lee Myung-bak, was acquitted again in the appellate court.

On the 31st, the prosecution submitted a notice of appeal to the Criminal Division 1-1 of the Seoul High Court (Chief Judge Lee Seung-ryeon), which was hearing the appeal trial of former Director Kim on charges of loss to the national treasury under the Act on the Aggravated Punishment of Specific Crimes.

On the 25th, the appellate court ruled, "It cannot be completely ruled out that the funds were directly transacted (to the Blue House) without informing the defendant," and acquitted former Director Kim.

The court judged that it was difficult to trust the testimony of former Planning Officer Kim, who was direct evidence to prove the charges. The court maintained the first trial’s judgment that "Kim Baek-joon could not clearly distinguish between what he experienced and what he did not, and it cannot be ruled out that he confused the funds received through other channels."

The court also pointed out that the testimony of Kim Ju-seong, then NIS Chief of Staff, who claimed to have delivered 200 million won to former Planning Officer Kim under former Director Kim’s orders, lacked credibility. The court stated, "The prosecution only conducted investigations based on Kim Ju-seong’s testimony and did not investigate 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 won to the Blue House without reporting and delivering it under the defendant’s orders, so Kim Ju-seong had ample motive to make false statements to reduce or evade his responsibility."

Earlier, former Director Kim was prosecuted on charges of delivering 200 million won twice in early 2008. From March to May of the same year, the funds were allegedly delivered at the request of former President Lee, and around April to May, through former Blue House Chief of Staff Kim Baek-joon.

Meanwhile, former President Lee is currently imprisoned after the Supreme Court confirmed the original sentence in 2020, sentencing him to 17 years in prison, a fine of 13 billion won, and a confiscation of approximately 5.78 billion won. At that time, the Supreme Court recognized the charge of loss to the national treasury regarding the 400 million won transferred from the NIS as guilty. In addition, he was found guilty of embezzling company funds from the auto parts company DAS and receiving bribes including the U.S. litigation costs of DAS paid by Samsung Electronics.