Court Sentences Former Minister Cho Kuk's Brother Cho Gwon to 3 Years in Prison on Appeal... Sentence Increased by 2 Years
Controversy Expected Over First Trial Sentence of Chief Judge Kim Miri, Lower Than Accomplice's
On September 18 last year, Jo Gwon, the younger brother of former Minister of Justice Cho Kuk, who was indicted on charges including false litigation and teacher recruitment corruption, is attending the first trial sentencing hearing at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Kim Hyun-min kimhyun81@
View original image[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Jo Kwon, the younger brother of former Minister of Justice Cho Kuk, who was indicted on charges including recruitment corruption related to Woongdong Academy and sentenced to one year in prison in the first trial, was sentenced to three years in prison in the appellate trial.
The Criminal Division 3 of the Seoul High Court (Presiding Judges Park Yeon-wook, Kim Kyu-dong, Lee Hee-joon) on the 26th, in the appellate sentencing trial of Jo, who was indicted on charges including obstruction of business, recognized guilt for the obstruction of business charge that was acknowledged in the first trial, some charges of aiding a criminal that were acquitted in the first trial, attempted breach of trust, and additionally recognized guilt for the violation of the Labor Standards Act newly added in the appellate trial, sentencing him to three years in prison. The fine of 147 million KRW was maintained as in the first trial.
The court recognized some of Jo’s charges related to a sham lawsuit against Woongdong Academy, which had been judged not guilty in the first trial, as guilty. Also, regarding recruitment corruption, the court found all charges related to the violation of the Labor Standards Act, newly added by the prosecution’s amendment of the indictment in the appellate trial, to be guilty.
Previously, the Criminal Division 21 of the Seoul Central District Court (Presiding Judge Kim Mi-ri), which handled the first trial, recognized only one charge of obstruction of business related to providing exam questions and answer sheets to two applicants for Woongdong Middle School teacher positions as guilty among six charges against Jo, and acquitted him of the remaining five charges including breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes, acceptance of bribes, evasion of compulsory execution, instruction to destroy evidence, and aiding a criminal.
In particular, controversy arose as Jo Kwon, the main culprit of the recruitment corruption, received a lighter sentence than his accomplice Park Mo.
In the appellate trial, with the prosecution’s amendment of the indictment adding the violation of the Labor Standards Act, the court examined a total of seven charges.
Jo is accused of receiving a total of 180 million KRW from two applicants during the recruitment process for social studies teachers at Woongdong Middle School while working as the secretary-general of Woongdong Academy from 2016 to 2017, and providing them with exam questions and answer sheets.
The prosecution indicted him on charges of obstruction of business and acceptance of bribes under the Specific Economic Crimes Act, but the first trial court acquitted him of breach of trust, reasoning that Jo could not be considered a "person handling another’s affairs," the subject of breach of trust. The court judged that Jo was the secretary-general responsible for asset management, not the person in charge of teacher recruitment.
Additionally, Jo is accused of creating a false construction contract in October 2006 to secure payment claims, then filing sham lawsuits against Woongdong Academy in 2006 and 2017 based on this, causing damages of 11.5501 billion KRW to the school corporation, and instructing Woongdong Academy officials to destroy evidence related to the sham lawsuits.
Displeased with the first trial verdict, the prosecution requested six years in prison at the appellate trial’s closing arguments, stating, "The defendant’s family privatized Woongdong Academy, fabricated evidence to create false claims, and bought and sold teaching positions to gain economic benefits," consistent with the first trial.
Jo, who was initially detained during the investigation, was released on bail during the first trial but was re-arrested after receiving a prison sentence in the first trial. However, he was released after serving the sentence during the appellate trial.
However, on this day, the court revoked Jo’s bail decision, and he will face the Supreme Court trial while in custody again.
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