▲ Former Special Prosecutor Park Young-soo leaves the appellate sentencing hearing at the Seoul High Court on October 21.
Former Special Prosecutor Park Young-soo, indicted on charges of receiving campaign funds for the Korean Bar Association election from Nam Wook, a private developer involved in the Daejang-dong development project, has received a reduced sentence in his second trial.
Regarding the so-called "50 billion won club" allegations—that he was promised 5 billion won in exchange for favors related to the Daejang-dong project—he was acquitted once again, maintaining the ruling from the first trial.
The 15-2 Criminal Division of the Seoul High Court (Presiding Judges Lee Hee Jun, Sung Eon-joo, and Won Ik-sun) sentenced the former special prosecutor to six years in prison, a fine of 200 million won, and an additional forfeiture of 200 million won during today's (October 21) ruling on charges including the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
Yang Jae-sik, a former assistant special prosecutor indicted along with him, was sentenced to five years in prison and a fine of 200 million won.
Previously, the first trial had sentenced Park to seven years in prison, a fine of 500 million won, and a forfeiture of 150 million won, while Yang received five years in prison, a fine of 300 million won, and a forfeiture of 150 million won.
Although Park and Yang were taken into legal custody during the first trial and later released on bail during the appeal, the appellate court did not re-arrest them despite handing down prison sentences.
The appellate court upheld the first trial's guilty verdict on charges that Park and Yang accepted money from Daejang-dong private developer Nam Wook under the guise of campaign funds for the Bar Association presidential election.
The court determined that private developers, including Nam, had lobbied Park to have Woori Bank participate in the Daejang-dong development consortium discussion, and that Park, who was then the chairman of Woori Bank's board of directors, held official authority that could influence such business operations of the bank.
The court noted a connection and quid pro quo relationship between Park's official duties and the receipt of campaign funds, while Yang was also found guilty of conspiring in the acceptance of valuables.
However, while the first trial found them guilty of receiving the entire disputed amount of 300 million won, the second trial recognized only 200 million won as guilty.
The court based this on inconsistencies in Nam's statements regarding the provision of the remaining 100 million won.
As for the remaining charges, including the so-called "50 billion won promise," the court ruled them all either not guilty or dismissed, just as the first trial did.
First, the court judged that it was not proven Park received 500 million won from developers along with requests—such as the issuance of a letter of intent for financing from Woori Bank—and the promise of 5 billion won.
The court concluded that by the time Park received the 500 million won, he had already stepped down from positions such as the chairman of Woori Bank's board of directors, meaning the charge under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes could not be established.
Combining statements from related parties, the court explained that it is difficult to acknowledge the existence of a promise to pay 5 billion won or a lobbying request for issuing a letter of intent for financing as a premise for such a promise.
The court also found him not guilty of the charge that, finding it difficult to receive the promised 5 billion won after being appointed as special prosecutor, he received 1.1 billion won through his daughter who worked at Hwachae Daeyu Asset Management, a company whose majority shareholder is private developer Kim Man-bae.
The reasoning is that since Park's daughter maintained an independent livelihood at the time, they could not be regarded as a single economic unit.
The charges that Park and Yang were promised 20 billion won and a detached house site by private developers in exchange for favors—such as Woori Bank's participation in the Daejang-dong project and the exclusion of a specific securities firm from the consortium—were dismissed on the grounds that the statute of limitations had expired.
The court pointed out that neither the fixed amount of 20 billion won in valuables promised by developers nor a mutual consensus regarding the provision of a detached house had been proven.
Under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, a conviction for accepting bribes requires the promised value of valuables to be established as a fixed amount.
(Photo: Yonhap News)
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