'Fake Fisheries Businessman Bribery' Park Young-soo's Side: "Special Prosecutor Is Not Subject to the Anti-Graft Act"

The defense team of former special prosecutor Park Young-soo, who was indicted on charges of receiving support such as a Porsche rental car from a ‘fake fisheries businessman,’ denied all charges at the first trial, arguing that “a special prosecutor does not fall under the category of a public official under the Improper Solicitation and Graft Act.”

Former Special Prosecutor Park Young-soo

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On the morning of the 18th, the Criminal Division 33 of the Seoul Central District Court (Presiding Judge Kim Dong-hyun) held the first pretrial conference for six defendants, including former special prosecutor Park, who were indicted for violating the Improper Solicitation and Graft Act. The pretrial conference is a procedure to hear opinions from both the prosecution and defense and to establish a plan for evidence presentation. Since the defendant’s presence is not required, none of the defendants, including former special prosecutor Park, appeared in court.

On this day, Park’s defense attorney denied the charges, stating, “The legal provisions of the Improper Solicitation and Graft Act do not include special prosecutors.” They also argued that “since the rental fee was paid, there was no intent to receive bribes.”

On the other hand, the prosecutor pointed out, “The defendant qualifies as a public official under the Improper Solicitation and Graft Act,” and “the appointment regulations for special prosecutors investigating the Park Geun-hye administration’s state affairs manipulation case specify the qualifications and other criteria.”

The other defendants also denied the charges, claiming that “evidence was illegally collected during the investigation phase” or that they “had no awareness or intent of bribery.”

The prosecutor rebutted, “It seems they are claiming that the evidence was illegally collected during the seizure of defendant Kim’s mobile phone, but proper procedures such as re-seizure were followed,” and added, “Even conceding that point, there is other corroborating evidence.”

Earlier, former special prosecutor Park was indicted last November on charges of receiving a Porsche rental car worth approximately 2.5 million won free of charge from Kim (44, currently serving a sentence), who impersonated a fisheries businessman, and receiving seafood worth 860,000 won three times, totaling about 3.36 million won. Under the Improper Solicitation and Graft Act, the offense is established if one receives or demands money or valuables exceeding 1 million won once or 3 million won in total per fiscal year from the same person.

Current deputy chief prosecutor A, former daily newspaper editorial writer B, and former broadcasting anchor C were also indicted together. A is accused of receiving Porsche and Carnival rental cars free of charge from 2020 to 2021, as well as seafood worth 2.2 million won and 5.79 million won in dance and vocal academy tuition fees for children, totaling about 8.49 million won.

B received golf clubs and seafood worth a total of 3.57 million won in 2020, and C was investigated to have received entertainment, Mercedes-Benz, Audi, K7 vehicles, and seafood worth about 9.42 million won from 2019 to 2020. The fake fisheries businessman Kim was also re-indicted on charges of providing money and valuables worth a total of 30.19 million won to these five individuals.

Kim was sentenced to seven years in prison after being convicted of deceiving seven people by claiming that “investing in frozen squid (caught and immediately frozen on the boat) would yield three to four times the profit within a few months,” and embezzling a total of about 11.6 billion won.

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