"Difficulty Proving Charges Based Solely on Prosecutorial Evidence"
Lee Eun-jae, chairman of the Korea Specialty Contractors Mutual Aid Association (age 72), who was indicted for embezzling research service funds by falsifying documents during his time as a member of the National Assembly, was acquitted.
On the 18th, Judge Son Seung-woo of the Criminal Division 10 at the Seoul Southern District Court acquitted Chairman Lee, who was charged with fraud. The court stated, "It is difficult to prove beyond a reasonable doubt that the defendant embezzled policy development funds based solely on the evidence submitted by the prosecution."
The court pointed out, "If, as the defendant claims, aide Park arbitrarily applied for the research service funds, the defendant could have filed a complaint against Park like other lawmakers did, but did not. Also, Park and others' testimonies contain specific details, making it true that there is a strong suspicion that the defendant colluded with or instructed them."
However, the court added, "Park and others reversed their statements regarding the source and recipients of the money, and the administrative secretaries who allegedly received the money testified that they did not receive it or do not remember. Based solely on the evidence submitted by the prosecution, it does not reach the level of certainty required, so even if there is suspicion of guilt, it is judged in favor of the defendant."
Chairman Lee is accused of submitting false documents to the National Assembly Secretariat, pretending to have commissioned policy research services during his tenure as a member of the 20th National Assembly representing the Liberty Korea Party (now the People Power Party). The prosecution suspected that about 12 million KRW was embezzled by an aide’s acquaintance who received the service funds and then returned them to the aide’s account. After being summarily indicted and fined 5 million KRW, Lee appealed and requested a formal trial.
Chairman Lee did not appear in court on the day. According to the Criminal Procedure Act, a verdict can be delivered without the defendant present if only the defendant appeals a summary order and requests a formal trial.
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