Special Prosecutor Breaks Unwritten Rule Against 'Couple Detention' in Same Case...
If Granted, First in Constitutional History
Multiple Pieces of Evidence Secured...
Court May Find 'No Concern for Evidence Destruction' at Warrant Hearing
Kim Gunhee, who is suspected of being involved in stock manipulation related to Deutsch Motors, is appearing as a suspect at the Kim Gunhee Special Investigation Team set up in Jongno-gu, Seoul, on the 6th. Photo by Kang Jinhyung
Kim Gunhee's complete denial of all charges during the investigation by Special Prosecutor Min Joongki's team has backfired. The special investigation team determined that further questioning of Kim would be meaningless and has requested a detention warrant. A decision on whether Kim will be taken into custody is expected as early as late at night on August 12. If the court issues the detention warrant, it would mark the first time in the nation's constitutional history that both members of a former presidential couple are incarcerated simultaneously.
The special investigation team requested a detention warrant for Kim the previous day, applying charges including violations of the Capital Markets Act and the Political Funds Act, as well as bribery under the Act on the Aggravated Punishment of Specific Crimes. The warrant hearing will be held at 10:10 a.m. on August 12 at the Seoul Central District Court, presided over by Judge Jung Jaeuk, who is in charge of warrants.
The special investigation team's decision to request a detention warrant for Kim, even breaking the unwritten rule in legal circles of not detaining both spouses in the same case, is seen as a result of Kim's statements. She either denied or claimed ignorance of multiple pieces of evidence that make it impossible to deny the charges against her.
It is reported that during the investigation, the special investigation team presented multiple pieces of physical evidence sufficient to prove the charges against Kim. Regarding the suspicion that Kim requested favors concerning Unification Church issues through Jeon Seongbae, known as Geonjinbeopsa, Kim is said to have testified, "I did not receive any gifts and have never seen them," even when confronted with evidence suggesting she received luxury gifts from a Unification Church executive.
As Kim continued to make statements lacking credibility even about basic facts and consistently claimed ignorance, the special investigation team decided to secure her custody first.
Within legal circles, there is speculation that Kim may have identified some of the evidence held by the special investigation team during the questioning process and, based on this, could attempt to destroy evidence. This situation has left the special investigation team with no choice but to request a detention warrant. Some believe that if Kim had not denied all charges, the special investigation team might not have taken the drastic step of seeking her detention.
At the warrant hearing, the key issue will be whether Kim's denial of the charges in the face of decisive evidence presented by the special investigation team will be recognized as "concern for destruction of evidence," which is a requirement for detention.
The court typically considers that a suspect's denial of charges may indicate a risk of evidence destruction, but does not always conclude that there is a likelihood of such destruction. In addition, whether a substantial amount of evidence has already been secured is an important consideration at the warrant hearing. If the evidence, including statements from related parties, is clear, the court may judge that there is little risk of evidence destruction even if the suspect is not detained.
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