In a significant development, the first trial court overseeing the Ssangbangwool North Korea remittance case has dismissed charges against former Ssangbangwool Group Chairman Kim Seong-tae. The case involves allegations of third-party bribery implicating former Gyeonggi Province Peace Deputy Governor Lee Hwa-young and others. The court ruled that the prosecution’s indictment constituted double jeopardy.
On Thursday, the 11th Criminal Division of the Suwon District Court, led by Judge Song Byeong-hoon, issued a ruling to dismiss the charges against Kim, who faced accusations of bribery and related offenses.
The court determined that the prosecution had erroneously filed charges for the same actions while Kim was already on trial for violations of the Foreign Exchange Transaction Act related to the North Korea remittance.
During the second hearing on January 13, the court had questioned both the prosecution and the defense about the potential double jeopardy issue in Kim’s case.
The court pointed out that the defendant’s case concerning Foreign Exchange Transaction Act violations is currently under appeal, while this case involves bribery charges against Lee Jae Myung and Governor Lee. The acts, dates, recipients, and amounts are nearly identical. Doesn’t this constitute double jeopardy?
The prosecution argued that despite overlapping actions, the legislative intent and crime structures differ, making them independent offenses.
However, the court rejected this claim, stating that these cases are in a hypothetical concurrence relationship, where a single act corresponds to multiple offenses.
The court explained that this indictment appears to be a re-indictment of an already charged case.
It noted that while the Foreign Exchange Transaction Act violation involves payments to North Korea’s Workers’ Party, the bribery offense names different parties. Nevertheless, the court found that Kim’s act of sending money constitutes the same bribery offense.
The court also cautioned against the prosecution’s discretion in filing charges, emphasizing that all relevant facts and laws should be considered for a single, comprehensive indictment.
It criticized the practice of filing multiple charges based on the same facts, warning that this could lead to potential harassment of defendants.
As a result, Kim’s defense concluded, with the prosecution offering no sentencing recommendations.
The court plans to continue proceedings against Governor Lee, Kim’s co-defendant, while considering whether to dismiss charges against him as well.
This ruling is expected to impact the trial process for President Lee’s third-party bribery charges, which has been suspended since he took office.
Kim was accused of paying 8 million USD, including 5 million USD for a North Korean smart farm project and 3 million USD for President (then-Governor) Lee’s North Korea visit expenses.
Prosecutors allege that President Lee and former Deputy Governor Lee promised support for Ssangbangwool Group’s North Korean projects in exchange for these payments.
Former Deputy Governor Lee is currently serving 7 years and 8 months after being convicted last June for receiving bribes and conspiring in the 8 million USD North Korea remittance.
Kim also faces charges under the Foreign Exchange Transaction Act and Political Fund Act. In July 2024, he received a 2.5-year prison sentence and a 1-year suspended sentence for these violations. His appeal is ongoing.
