Judges in the Cho Kuk and Jung Kyung-shim Trial "Will Not Accept Dongyang University PC Evidence"

[Image source=Yonhap News]

[Asia Economy Reporter Bae Kyunghwan] The court handling the trial concerning the allegations of admission fraud involving the children of former Minister of Justice Cho Kuk and his wife decided not to recognize the evidentiary value of the PC from the Dongyang University lecturer's lounge and other items seized by the prosecution through a search and seizure.

On the 24th, the Seoul Central District Court Criminal Division 21-1 (Presiding Judges Ma Seong-yeong, Kim Sang-yeon, Jang Yong-beom) stated at the 21st trial session of the former Minister Cho and his wife, who were indicted on charges including bribery, "The evidence obtained from the Dongyang University lounge PC voluntarily submitted by assistant Kim, the PC from the study room at former Minister Cho's residence voluntarily submitted by Kim Kyung-rok, and the PC of former Minister Cho's son will not be admitted as evidence."

They added, "The intention of the suspect, who is the actual subject of the seizure, should not be inferred from the intention of an accomplice, and this is considered illegal according to the recent ruling by the Supreme Court en banc." In fact, the Supreme Court en banc recently ruled that "when a third party voluntarily submits an information storage medium belonging to the ownership or management of the suspect without a warrant, the suspect must be guaranteed the right to participate and be provided with a list of the seized electronic information."

Previously, the defense for former Minister Cho and his wife argued that the information extracted from these PCs could not be used as evidence. The PC in the lecturer's lounge was voluntarily submitted to the prosecution by assistant Kim from Dongyang University, while the PCs of former Minister Cho and his son were voluntarily submitted by a private banker (PB) from a securities firm who managed the couple's assets.

However, the prosecution opposed this. Arguing that the court misunderstood the Supreme Court precedent, they claimed, "The owner of the lecturer's lounge PC effectively abandoned ownership, and Jung Kyung-shim strongly asserted in her case that she never used that PC." The court decided to review in detail the objection documents to be submitted later by the prosecution and then announce its position again.

Meanwhile, the witness examination of Choi Kang-wook, leader of the Open Democratic Party, scheduled for that day was canceled. The prosecution withdrew the witness application after the defense for former Minister Cho and his wife agreed to use Choi's testimony as evidence.

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