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Prosecution Investigator and SPC Executive Sentenced to Prison for Trading Investigation Information

Investigator Sentenced to Three Years in Prison and Fined 15 Million Won
SPC Executive Receives One Year and Six Months Prison Term

A prosecution investigator who leaked investigation information to SPC Group and accepted bribes, as well as an SPC Group executive who offered the bribes, have had their prison sentences finalized by the Supreme Court.


Prosecution Investigator and SPC Executive Sentenced to Prison for Trading Investigation Information The appearance of SPC headquarters in Yangjae-dong, Seoul. Photo by Yonhap News

According to the legal community on July 25, the Supreme Court's Third Division (Presiding Justice Lee Heungku) on June 26 upheld the original verdict sentencing Kim, a former prosecution investigator (Grade 6), to three years in prison and a fine of 15 million won for charges including leaking official secrets, accepting bribes after improper conduct, and violating the Personal Information Protection Act. Baek, a former executive director at SPC, who was charged with offering bribes, also had his sentence of one year and six months in prison confirmed.


Kim was indicted for leaking confidential investigation information to SPC on more than 60 occasions between September 2020 and June 2023, including the fact that search and seizure warrants had been requested, the scope and plans for execution of the seizures, the progress of the investigation, and internal review reports. He received bribes and entertainment worth approximately 6.2 million won. At the time, the prosecution was investigating SPC Group Chairman Hur Youngin and others for violations of the Fair Trade Act and breach of trust. Baek was indicted for receiving investigation information from Kim and providing money and valuables in return.


The first trial sentenced Kim to three years in prison and a fine of 15 million won, and Baek to one year and six months in prison. The court at the time stated, "Kim was in frequent contact with executives from the company he was investigating over a long period and leaked a wide range of confidential investigation information. The leaked official secrets included internal reports and future plans of the investigation team that could not have been known by anyone outside the investigative agency, and Baek was allowed to photograph such documents, making the crime particularly serious."


Regarding Baek, the court said, "He did not simply seek information from the prosecution but also obtained information through connections working at the court regarding warrants. He demonstrated a tendency to believe it is acceptable to bribe public officials for private purposes, which warrants a severe punishment."


However, the court acquitted Kim of violating the Personal Information Protection Act, ruling that the personal information he leaked did not constitute 'information learned in the course of duty.'


Both the defendants and the prosecution appealed the first trial verdict, but the appellate court dismissed the appeals.


The Supreme Court also dismissed the prosecutor's appeal, stating that there was no violation of logic or the rules of experience, nor any misunderstanding of relevant legal principles that would have affected the verdict.


Meanwhile, Chairman Hur and others were indicted in December 2022 for breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes, but were acquitted by the Supreme Court in December last year.


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