▲ Former National Intelligence Service Director Cho Taeyong
Former National Intelligence Service (NIS) Director Cho Taeyong, who was indicted on charges including political involvement through the dissemination of false information following the December 3 emergency martial law, has received a heavier sentence in his second trial than in the first.
Unlike the first instance, the appellate court found him partially guilty of violating the National Intelligence Service Act, which is a core charge.
The 1st Criminal Division of the Seoul High Court (Presiding Judge Yoon Sung-sik) sentenced Cho, who was indicted and detained on charges including dereliction of duty and violations of the NIS Act, to two years and six months in prison and a two-and-a-half-year suspension of qualifications today (19th).
The special counsel team led by Cho Eunseok had demanded a seven-year prison sentence.
The first trial had sentenced him to one year and six months in prison.
The appellate court determined that following the emergency martial law, Cho held a press conference between December 6 and 10, 2024, stating that "the president has never given orders to arrest politicians."
The court also ruled that he violated the NIS Act by sending text messages and other communications to NIS and Ministry of Foreign Affairs employees stating that "the claims of former First Deputy Director Hong Jungwon are not true."
The court concluded that Cho was aware that his remarks and the contents of the text messages were false.
It also noted that it is highly unusual for an NIS director to publicize personal opinions in such a manner.
The court pointed out, "We have no choice but to conclude that there was a political motive and purpose to block the impeachment of former President Yoon Suk Yeol."
Another major charge, dereliction of duty, was ruled not guilty, maintaining the same decision as the first trial.
This charge involves allegations that Cho was briefed by former NIS First Deputy Director Hong Jungwon during the emergency martial law that former President Yoon and others mobilized the military to blockade the National Assembly and arbitrarily arrest politicians, yet failed to report this to the National Assembly.
The appellate court determined that Cho was briefed on these matters by former Deputy Director Hong and thus recognized that the entity attempting to arrest politicians was the Defense Security Command.
However, the court viewed that this information alone was insufficient to conclude that an obligation to report to the National Assembly had arisen.
The court explained, "In addition to the contents reported by former Deputy Director Hong, it was necessary to verify additional information regarding the specific reasons and methods for the arrests," adding, "The crime of dereliction of duty, which presupposes a reporting obligation, is not established."
The first trial had found him not guilty of this charge on the grounds that it could not be concluded that Cho had been briefed by former Deputy Director Hong on the fact that the Defense Security Command was the entity arresting politicians.
Regarding the sentencing, the court pointed out, "Despite receiving a report on the 'arrest orders' on the day of the emergency martial law, the defendant directly participated in political debates by externally transmitting the falsehood that no such thing occurred."
It further reprimanded, "Such actions directly contradict the legislative intent to strengthen the political neutrality of the NIS and run counter to the public's expectations for it to be reborn as a trusted intelligence agency."
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.
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