Sentence 1: 1심 징역 9년6월에서 1년10월 감형
Translation: Sentence reduced from 9 years 6 months to 1 year 10 months in the first trial
Sentence 2: 2심도 "이재명 대표 방북비용 대납" 인정
Translation: The second trial also acknowledges "Lee Jae-myung's representative's North Korea visit expenses paid on his behalf"
Former Gyeonggi Province Deputy Governor for Peace Lee Hwa-young, who was arrested and indicted on charges including receiving bribes worth hundreds of millions of won from Ssangbangwool Group and conspiring to remit $8 million to North Korea, was sentenced to a heavy prison term in the appellate court as well.
The Criminal Division 1 of the Suwon High Court (Presiding Judges Moon Ju-hyung, Kim Min-sang, Kang Young-jae) on the afternoon of the 19th sentenced former Deputy Governor Lee to 7 years and 8 months in prison, reducing the sentence by 1 year and 10 months compared to the first trial, in the appeal trial for charges including violation of the Foreign Exchange Transactions Act, violation of the Act on the Aggravated Punishment of Specific Crimes (bribery), violation of the Political Funds Act, and obstruction of justice. The fines and confiscation amounts remained the same as in the first trial. Co-defendant Bang Yong-chul, Vice Chairman of Ssangbangwool Group, was sentenced to 2 years in prison with a 3-year probation.
As in the first trial, the court recognized that the money sent by Ssangbangwool Group to North Korea was for Gyeonggi Province's smart farm project expenses and the North Korea visit expenses of Lee Jae-myung, then Governor of Gyeonggi Province and current leader of the Democratic Party of Korea.
The court stated, "The lower court found that Kim Sung-tae, Bang Yong-chul, and Ahn Bu-soo (Chairman of the Asia-Pacific Peace Exchange Association) gave testimonies consistent with the charges, and each testimony was generally consistent, detailed, and mutually corroborative, thus their credibility can be acknowledged." It added, "Considering that Kim Sung-tae and Bang Yong-chul testified as witnesses in this appeal trial with the same content as in the lower court, that there is no clear motive to give false testimony, and that statements from related parties to the prosecution align with Kim Sung-tae's testimony, the lower court's judgment is justified."
It continued, "Although Kim Sung-tae appeared to expect a stock price boost for Nanos (a Ssangbangwool affiliate), this was only a key motive for accepting the request to pay on behalf of the smart farm project. Without such a request, it is difficult to assume that Kim Sung-tae and others would have contacted North Korean officials or decided to start the North Korea business."
Regarding the payment of North Korea visit expenses, the court pointed out, "There is a close temporal connection between Gyeonggi Province's invitation request for the North Korea visit and Ssangbangwool or Kim Sung-tae's payment of the visit expenses." It further noted, "Especially, around the time Gyeonggi Province requested the invitation, Ssangbangwool officials began large-scale illegal foreign currency smuggling."
It added, "The defendant held a meeting with North Korean officials on May 11, 2019, during which he requested the North Korea visit for the Gyeonggi Province governor. It would have been an effective way for the defendant to promote the visit by asking Kim Sung-tae, who was also negotiating with North Korean officials at the time, to make the invitation request."
The court rejected former Deputy Governor Lee's claim that former Ssangbangwool Group Chairman Kim Sung-tae gave false testimony to reduce the scope of the prosecution's investigation against him, stating, "There is no evidence to support that claim."
It also dismissed claims by Lee's side regarding a salmon sashimi drinking party in the prosecutor's office or seminars intended to coerce testimony, saying, "These are difficult to accept."
The court stated, "The defendant's crimes are serious offenses that betray the fairness and social trust of public officials' duties and undermine the non-purchasability of official duties," adding, "Strict punishment commensurate with this is inevitable."
However, the court noted, "Regarding bribery under the Act on the Aggravated Punishment of Specific Crimes and violations of the Political Funds Act, the defendant did not engage in corrupt acts as a politician," and "There is no evidence that the defendant forced Kim Sung-tae to make payments on his behalf."
Regarding sentencing, the court said, "The defendant did not specifically order evidence destruction, and the crimes were mainly led by former Ssangbangwool Group Chairman Kim Sung-tae and Vice Chairman Bang Yong-chul," adding, "Considering that the defendant has no other criminal record except for fines and other sentencing conditions comprehensively, the sentence was determined." The court also noted, "The sentence for the Political Funds Act violation, which is in concurrence with the bribery charge, and the sentences for the other crimes were pronounced separately, which should be taken into account."
Former Deputy Governor Lee was arrested and indicted in October 2022 on charges of receiving bribes worth hundreds of millions of won and illegal political funds from Ssangbangwool Group between July 2018 and July 2022 by receiving corporate cards and vehicles and paying false salaries to his associates.
During the trial, in March last year, he was additionally indicted on charges of asking former Ssangbangwool Chairman Kim Sung-tae to pay on behalf of Gyeonggi Province the promised $5 million for the smart farm project and $3 million for Lee Jae-myung's North Korea visit expenses, totaling $8 million.
In April last year, a month later, he was further indicted on charges of requesting Vice Chairman Bang Yong-chul to delete data related to his use of corporate cards ahead of the prosecution's investigation.
Earlier, on June 1, the first trial court found former Deputy Governor Lee guilty of major charges and sentenced him to 9 years and 6 months in prison (1 year and 6 months for violation of the Political Funds Act and 8 years for bribery under the Act on the Aggravated Punishment of Specific Crimes), a fine of 250 million won, and confiscation of 325.95 million won. Vice Chairman Bang was sentenced to 2 years in prison with a 3-year probation.
At the sentencing hearing held at the end of October, the prosecution requested the court to sentence former Deputy Governor Lee to 15 years in prison and a fine of 1 billion won, the same as the first trial's demand.
The Ssangbangwool North Korea remittance case involves Ssangbangwool paying on behalf of Gyeonggi Province the $5 million support fund for the smart farm project promised to North Korea and the $3 million North Korea visit expenses of Lee Jae-myung, then Governor of Gyeonggi Province and leader of the Democratic Party of Korea.
Since the appellate court also recognized that the remittance to North Korea had the character of paying for Lee's North Korea visit expenses, it is highly likely that Lee, who was indicted on the same charges, will also be found guilty.
Lee was indicted without detention in June on charges of conspiring with former Deputy Governor Lee to have former Chairman Kim pay $8 million to North Korea in 2019-2020 and, in return, promising Kim support and guarantees from Gyeonggi Province for Ssangbangwool Group's North Korea business.
The case is currently suspended after the Suwon District Court Criminal Division 11 (Chief Judge Shin Jin-woo), which handled former Deputy Governor Lee's first trial, was assigned the case, but the trial was halted due to a judge disqualification request from Lee's side.
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