9 Years Imprisonment and 2.6 Billion Won Confiscation Ordered in 1st and 2nd Trials
Supreme Court: "Recalculate the Embezzled Amount"
The Supreme Court overturned the original ruling that sentenced a broadcasting writer to a heavy prison term for defrauding Lee Min-woo, a singer from the group Shinhwa, of a large sum of money. The reason was that the amount defrauded from Lee Min-woo was miscalculated. On the 27th, the Supreme Court's 2nd Division (Presiding Justice Kim Sang-hwan) overturned the original ruling that sentenced Mr. A, who was indicted on charges of fraud and violation of the Attorney-at-Law Act, to 9 years in prison and ordered a fine of 2.6 billion won, and recently sent the case back to the Seoul High Court.
Earlier, Lee Min-woo was booked in June 2019 on charges of sexual harassment. At that time, Mr. A, who was acquainted with Lee Min-woo, demanded money from him, saying, "I have connections inside the prosecution, so I will help you receive a dismissal without charges." However, Mr. A had no connections with prosecutors and never passed money to them. When Lee Min-woo was cleared of charges in December of that year, Mr. A approached him again, claiming, "The prosecutors are trying to reverse the dismissal," and demanded additional money. He even embezzled a loan of 740 million won secured by Lee Min-woo's house.
The prosecution reported that Mr. A defrauded Lee Min-woo of 2.6 billion won over 26 months and indicted him on charges of fraud and violation of the Attorney-at-Law Act. During the trial, Lee Min-woo also claimed to have been gaslighted (psychologically manipulated) by Mr. A. On the other hand, Mr. A argued during the trial that "I only borrowed money from Lee Min-woo, I did not embezzle it." The court pointed out, "While the defendant consistently gave unconvincing excuses, the victim lost all his assets and no restitution has been made." Accordingly, both the first and second trials found Mr. A guilty of all charges and sentenced him to 9 years in prison. The second trial court explained, "Mr. A psychologically dominated Lee Min-woo, and the victim was psychologically intimidated," adding, "Mr. A repeatedly made disparaging remarks about Lee Min-woo, and Lee Min-woo even heard Mr. A's words as auditory hallucinations when alone."
However, the Supreme Court overturned and remanded the original ruling. The Supreme Court pointed out that part of the 2.6 billion won defrauded, recognized by the original court, was calculated redundantly. The problematic part was a portion of the 740 million won that Mr. A had Mr. Lee Min-woo borrow in May 2020 by obtaining disposal authority. The money extorted by Mr. A was transferred through Lee Min-woo's other accounts back to Mr. A or third parties, and the Supreme Court ruled that this money should not be counted as a separate defrauded amount.
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