Court Sentences Kim Kyung-rok PB to Probation for Hiding Jeong Gyeong-sim's PC... Avoids Mentioning Whether Jo Guk and Jeong Gyeong-sim Were Involved
[Asia Economy Reporter Choi Seok-jin] In August last year, when the prosecution's investigation into the private equity fund investment allegations involving former Minister Cho Kuk's family intensified, Kim Kyung-rok (38), who took a computer out of Professor Jung Kyung-shim's office at Dongyang University and hid it, was sentenced to a suspended prison term. Kim is a private banker (PB) at a securities firm managing the assets of former Minister Cho and his wife.
Judge Lee Jun-min of the Seoul Central District Court Criminal Division 16 sentenced Kim to 8 months in prison with a 2-year suspension for evidence concealment on the 26th.
The court stated, "The defendant concealed evidence, obstructing the exercise of the state's judicial authority, which is highly condemnable socially," and added, "Upon learning that a search and seizure of Jung was initiated, he committed a bold crime by hiding the PC hard disk and main body, thereby obstructing the proper exercise of the state's criminal jurisdiction."
Furthermore, the court added, "Considering that key evidence related to Jung's criminal case was found on the PC main body and hard disk concealed by the defendant, the culpability is not light."
Kim was indicted for hiding three hard disks from Professor Jung's personal computer at her home and one computer used in her office at Dongyang University, following her instructions in August last year.
Kim claimed during the trial that he only passively participated under Professor Jung's orders, but the court pointed out that there was some evidence that Kim actively and proactively participated.
However, the court took into account favorable circumstances such as Kim submitting all the concealed evidence, no signs of content deletion, confessing to the crime, and showing remorse.
Meanwhile, the court did not make specific remarks regarding former Minister Cho and Professor Jung, who were indicted for instructing Kim to conceal evidence.
Under Korean criminal law, destroying evidence related to one's own crime is not punishable due to the lack of expectation that one would not destroy evidence.
On the other hand, the Supreme Court's position is that instructing others to destroy evidence related to one's own crime constitutes evidence concealment instruction, and is punishable.
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Therefore, whether Professor Jung, who jointly concealed evidence related to her crime with Kim, is exempt from punishment or is a punishable instigator will be determined in her trial.
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