Law: "Circumstances suggest 2 more people including Lee Jong-pil... Entertainment expenses under 1 million won"
[Asia Economy Reporter Yoo Byung-don] Former and current prosecutors involved in the 'alcohol entertainment suspicion' case of former Star Mobility Chairman Kim Bong-hyun were acquitted in the first trial.
On the 30th at 2 p.m., Judge Park Young-soo of the Seoul Southern District Court Criminal Division 11 held a sentencing hearing for lawyer Lee, a former prosecutor, prosecutor Na, and former Chairman Kim, who were indicted for violating the Improper Solicitation and Graft Act (Anti-Graft Act), and acquitted all of them.
Judge Park stated, "Considering the call records and originating base stations of former administrative officer Kim's mobile phone, as well as taxi boarding records, it is reasonable to conclude that they spent a considerable amount of time together at the drinking party," and judged, "If the entertainment expenses for female employees and band fees were divided among four people instead of three, the amount per person should be considered 939,167 won."
He continued, "Moreover, former Vice President Lee Jong-pil also appeared to have stayed at the drinking party for about 25 to 30 minutes. Taking this into account, the value of entertainment per person decreases further," and pointed out, "According to the prosecution's charges, the entertainment amount per person exceeds 1 million won, but this must be based on strict evidence with proof beyond a reasonable doubt."
Judge Park explained the sentencing rationale, saying, "Considering various circumstances, the evidence submitted by the prosecution alone does not prove that the entertainment amount exceeded 1 million won per occasion," and "Therefore, the charges in this case are judged as not guilty."
The sentencing was originally scheduled for the 16th but was postponed by two weeks after former Chairman Kim's side expressed their intention not to attend.
At the sentencing hearing held on the 9th of last month, the prosecution stated, "This case shocked the public as current prosecutors received alcohol entertainment from a person identified as the main culprit of a massive financial fraud at a high-end room salon," and "The defendants deny the crime by suggesting the possibility of a discount on the alcohol bill or that Lee Jong-pil (former Lime Asset Management Vice President) and former administrative officer Kim might have been present at the drinking party, but this is clearly contradicted by receipts showing the alcohol bill and the testimonies of the parties involved," requesting six months imprisonment for each. Prosecutor Na was also requested to pay a fine of 1.14 million won calculated as entertainment expenses.
In his final statement, lawyer Lee emphasized, "The drinking party was not a reception hosted by Kim Bong-hyun but a social gathering with juniors unrelated to Lime," and "It is a clear fact that former Vice President Lee and former administrative officer Kim joined the table."
Prosecutor Na said, "The investigation of the Lime case may seem insufficient or inadequate to the public, but internally, we worked very hard and are in the process of verifying important suspects and politicians. I am very sorry that my wrong actions caused juniors to be unfairly evaluated and criticized."
Na's defense attorney also added in the final argument, "While acknowledging that it was inappropriate as a current prosecutor, it is hard to endure the stigma and frame of being the 'Lime alcohol entertainment prosecutor,'" and "At least in this court, I hope to lay the groundwork for the defendant to restore his honor."
Lawyer Lee and prosecutor Na were tried on charges of receiving alcohol entertainment worth 5.36 million won at a room salon in Cheongdam-dong, Gangnam-gu, Seoul, on July 18, 2019.
The prosecution indicted them in December 2020, calculating the entertainment cost per person as about 960,000 won by dividing the total alcohol bill of 5.36 million won minus 550,000 won for band and entertainment hostess costs by the number of participants, five.
Later, by adding the amount obtained by dividing the band and hostess tip costs by three, the prosecution estimated the entertainment cost per person for the three indicted individuals as 1.14 million won. Two prosecutors who left the drinking party before the band and hostesses arrived were excluded from indictment, with their entertainment costs calculated at about 960,000 won each.
The defendants argued that the total number of attendees, including former Lime Vice President Lee Jong-pil and former administrative officer Kim, was seven, and calculating the entertainment cost per person based on this number results in an amount below 1 million won, which is not punishable under the Improper Solicitation and Graft Act.
The trial focused on whether former administrative officer Kim and former Vice President Lee attended, the exact time the drinking party ended, and the precise amount of the alcohol bill paid by former Chairman Kim. Former administrative officer Kim denied attending, while former Vice President Lee stated he stayed briefly but did not drink.
Immediately after the trial, former Chairman Kim avoided reporters asking for his position and left the courthouse.
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