Supreme Court, Second Sentencing Today for Three Former NIS Chiefs in 'Special Activity Fund Bribery' Case
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[Asia Economy Reporter Kim Hyung-min] On the 8th, the Supreme Court will deliver its second ruling on former National Intelligence Service (NIS) chiefs Nam Jae-joon, Lee Byung-gi, and Lee Byung-ho, who were indicted for providing special activity funds to the Blue House during the Park Geun-hye administration.
The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) will announce its verdict on the appeals of the former NIS chiefs, who were tried on charges including violation of the Act on the Aggravated Punishment of Specific Crimes (loss of state funds).
They were indicted for allegedly providing about 3.5 billion KRW from the special activity funds allocated to the NIS chief during their tenure to former President Park.
The first trial court ruled that there was no job-relatedness or quid pro quo regarding the funds, rejecting bribery charges and instead recognizing charges such as loss of state funds, sentencing former Director Nam to 3 years in prison and former Directors Lee Byung-gi and Lee Byung-ho to 3 years and 6 months each.
The second trial court stated, "Since the NIS chief is not an accounting-related employee, the loss of state funds provision, which imposes heavier penalties on accounting-related employees, cannot be applied," applying only embezzlement charges and sentencing former Director Nam to 2 years and former Directors Lee Byung-gi and Lee Byung-ho to 2 years and 6 months each.
However, the Supreme Court judged that the NIS chief also qualifies as an accounting-related employee and that the loss of state funds charges should be recognized. It also partially acknowledged bribery charges, overturned the lower court rulings, and remanded the case.
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Following the Supreme Court's judgment, the retrial recognized the loss of state funds charges and some bribery charges, sentencing former Director Nam to 1 year and 6 months in prison, former Director Lee Byung-gi to 3 years, and former Director Lee Byung-ho to 3 years and 6 months.
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