Former Minister of Justice Cho Kuk's daughter, Cho Min, and others, including lawyer Kang Yong-seok who claimed on YouTube that she drove a Porsche, were acquitted in the first trial.
Attorney Kang Yong-seok and former Sports World reporter Kim Yong-ho are seen answering questions from the press after being acquitted at the first trial sentencing hearing held on the morning of the 20th at the Seoul Central District Court in Seocho-gu. [Image source=Yonhap News]
On the 20th, Judge Lee Jong-min of the Seoul Central District Court Criminal Division 3 acquitted Kang, former MBC reporter Kim Se-ui, and former Sports World reporter Kim Yong-ho.
The court stated, "It is difficult to conclude that the expression itself constitutes an act that lowers the victim's social value or evaluation," and added, "Even if it is considered defamatory, it pertains to a public interest related to the public figure Cho Kuk." The court explained that regardless of whether the foreign car was actually driven, the core of the remarks was about the wealth formation of former Minister Cho, who was a ministerial candidate at the time, and the scholarship benefit allegations.
Furthermore, the court said, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that the defendants had a false awareness or intent to defame."
Immediately after the verdict, lawyer Kang said, "I pay respect to the court's wise judgment," and added, "The court objectively assessed the circumstances at the time, including the 'verification of former Minister Cho' and the context in which our remarks were made." He also said, "Cho Min is currently doing well as a YouTuber, so I look forward to her continued success."
The prosecution had requested prison sentences ranging from 8 months to 1 year for each of them during the final hearing.
Earlier, in August 2019, Kang and others were brought to trial on charges of defamation under the Information and Communications Network Act for falsely claiming on the YouTube channel "Garoseuro Yeonguso" (Gaseyeon) that Cho Min drove a red sports car, after revealing a photo of a Porsche parked at Pusan National University Medical School.
In March, Cho Min appeared in court as a witness and testified, "I have never driven a foreign car or sports car," and stated that the "red Porsche" pointed out by Gaseyeon belonged to someone else. She said, "All my classmates at Pusan National University Medical School knew I drove an Avante, and I often gave rides to friends. It is utterly absurd and baffling where the Porsche story came from."
All defendants, including lawyer Kang, denied the charges. They argued, "The defendants never definitively stated that Cho Min drove a red Porsche. They were unaware of any falsehood, and even if they agreed, it was for a public interest purpose."
Former Minister Cho, Cho Min, and her brother Cho Won also filed a damages lawsuit and partially won in the first trial in June last year. The civil trial is currently in the appeal process.
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