'Construction King' Charged with Highest Sentence for Fraud, Requests Judge Recusal

The so-called 'Construction King,' who was indicted on charges of a lease fraud amounting to hundreds of billions of won and faced the maximum statutory sentence for fraud, filed a motion to disqualify the presiding judge ahead of the verdict announcement.

According to the legal community on the 3rd, the defense attorney of A (62), who was indicted on charges including fraud, recently submitted a motion to disqualify the judge to the Incheon District Court, arguing that "there is a clear reason making it difficult to seek a fair judgment from the presiding judge."

The defense stated, "The presiding judge cited Ponzi schemes (multi-level financial fraud) and empty lease contracts, which are completely different in nature from this case, during the trial," and added, "The judge openly showed hostility and a presumption of guilt against the defendants," explaining the reason for the motion.

The defense also argued that the cases involving A, which are currently being tried separately in two parts, should be consolidated for trial. He said, "Due to the prosecution's arbitrary decision to split the indictment, the defendants face the risk of receiving two sentences for the same crime," and added, "Despite the clear unconstitutional situation, the presiding judge did not even allow an opportunity for defense on this matter."

Furthermore, he emphasized, "We earnestly appealed that there is much evidence left to prove, such as financial institution fact-finding related to the defendants' intent, but the judge ended the trial citing his scheduled retirement," and "The judge also refused consolidation for the defendants' benefit, which is clearly an unfair trial process."

Earlier, on the 17th of last month, the prosecution requested the maximum statutory sentence of 15 years imprisonment for A at the closing arguments, and the court is scheduled to announce the first trial verdict on the 7th. Nine accomplices, including licensed real estate agents and brokerage assistants indicted on the same charges, were each sentenced to 7 to 10 years imprisonment.

A and others were indicted on charges of embezzling 14.8 billion won in lease deposits from tenants for 191 apartments and villas in the Michuhol-gu area of Incheon from March 2021 to July 2022. Between February and May of last year, four victims who failed to recover their lease deposits from A’s group tragically took their own lives in succession.

The total amount involved in A’s group’s lease fraud charges reaches 45.3 billion won (563 units), but only the charges related to 14.8 billion won are pending sentencing. Trials related to the additional 30.5 billion won (372 units) are proceeding separately. A was known as the Construction King for owning 2,700 apartments and officetels across Incheon and Gyeonggi Province.