Former Chief Prosecutor Kim Hyung-jun, who was indicted on bribery charges, was acquitted again in the appellate court following the first trial. This case, the first to be prosecuted since the launch of the High-ranking Officials' Crime Investigation Office (Hogeum Gongjikja Beomjoe Susa Cheo, Gongsucheo), has drawn attention, and it is expected to accelerate controversy over Gongsucheo's investigative capabilities.
On the 10th, the 5-1 Criminal Appeals Division of the Seoul Central District Court (Presiding Judges Gu Gwang-hyun, Choi Tae-young, Jeong Deok-su) dismissed the prosecution's appeal against former Chief Prosecutor Kim and lawyer Park, who were tried on charges of exchanging bribes, and ruled them not guilty, as in the first trial.
Former Chief Prosecutor Kim Hyung-jun, who was the first to be indicted by the High-ranking Officials' Crime Investigation Department (HCID) on bribery charges since its launch, is leaving the courtroom after the second trial sentencing hearing held on the morning of the 10th at the Seoul Central District Court in Seocho-gu, Seoul. [Image source=Yonhap News]
The court stated, "Based solely on the evidence submitted by the prosecution, it cannot be reasonably proven beyond a reasonable doubt that the entertainment in this case constituted 'work-related valuables' that go beyond bribes or gifts that are customary and ceremonial according to social norms, and that (the defendant, former Chief Prosecutor Kim) received and (lawyer Park) provided such entertainment," adding, "there is no problem with the original court's judgment of not guilty on the charges."
Former Chief Prosecutor Kim was indicted in March 2022 on charges of bribery for allegedly receiving bribes and entertainment worth approximately 10,935,000 KRW in exchange for facilitating investigations when lawyer Park, with whom he had a friendly relationship, was involved in a violation of the Capital Markets Act during Kim's tenure as head of the Securities Crime Joint Investigation Team at the Seoul Southern District Prosecutors' Office from 2015 to 2016. Kim's side claimed that 10 million KRW of this amount was a 'loan' that was later repaid to lawyer Park.
The court considered that since the two had worked together at the Seoul Central District Prosecutors' Office in the past and maintained a long-standing friendship, it was possible that the 10 million KRW was borrowed. It also judged that the two did not have a one-sided relationship where one party consistently provided entertainment, as they usually took turns paying for drinks.
Regarding Gongsucheo's appeal that lawyer Kim provided investigative convenience in lawyer Park's case, the court found it difficult to see any act of improper solicitation, considering that the prosecutor in charge of the case testified that he had never received any instructions related to the case from former Chief Prosecutor Kim.
Accordingly, in the first case where Gongsucheo exercised its prosecutorial authority since its establishment in January 2021, both the first and second trials resulted in acquittals.
Immediately after the verdict, former Chief Prosecutor Kim told reporters, "I am deeply grateful that the respected court cleared up misunderstandings and grievances by ruling not guilty in both the first and appellate trials." He added, "It has become even clearer that this was a repeated and groundless prosecution by Gongsucheo," and urged, "Respecting the court's judgment, I ask Gongsucheo to stop politically motivated groundless prosecutions if they have any sense of reason."
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