Former NIS Chief Cho Tae-yong Gets Sentence Increased to 2.5 Years in Prison in Appeal Over Political Interference

Former National Intelligence Service (NIS) Director Cho Tae-yong, who was indicted on charges including involvement in politics by spreading false information following the December 3 emergency martial law, has received a heavier sentence in his appellate trial than in the first instance.

Unlike the first trial, the appellate court found him partially guilty of the core charge of violating the National Intelligence Service Act.

The 6-3 Criminal Division of the Seoul High Court (Presiding Judges Min Dal-ki, Kim Jong-woo, and Park Jung-je) sentenced former Director Cho, who was indicted and detained on charges including dereliction of duty and violation of the NIS Act, to two years and six months in prison and two years and six months of suspension of qualifications today (August 19).

The special counsel team led by Cho Eun-seok 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, from December 6 to 10, 2024, former Director Cho held a press conference stating, "The president never gave instructions to arrest politicians."

It also ruled that he violated the NIS Act by sending text messages and other communications to NIS and Ministry of Foreign Affairs employees stating, "The claims of former First Deputy Director Hong Jang-won are not true."

The court concluded that former Director Cho was aware that his statements and the contents of the text messages were false.

It also pointed out that it is highly unusual for an NIS director to publicize personal opinions in this manner.

The court noted, "We cannot but conclude that there was a political motive and purpose to thwart the impeachment of former President Yoon Suk Yeol."

The other major charge, dereliction of duty, was ruled not guilty, maintaining the same decision as the first trial.

This charge alleged that during the emergency martial law, former Director Cho received a report from former NIS First Deputy Director Hong Jang-won that former President Yoon Suk Yeol and others mobilized the military to blockade the National Assembly and attempted to arbitrarily arrest politicians, yet failed to report this to the National Assembly.

The appellate court determined that former Director Cho received this briefing from former Deputy Director Hong and was thus aware that the entity attempting to arrest politicians was the Armed Forces Counterintelligence Command.

However, it deemed it difficult to conclude solely on this basis 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, there was a need to verify additional information regarding the specific reasons and methods for the arrests," adding, "The crime of dereliction of duty premised on a reporting obligation is not established."

The first trial had acquitted him of this charge on the grounds that it could not be concluded that former Director Cho had received a report from former Deputy Director Hong stating that the Counterintelligence Command was the entity arresting politicians.

Regarding sentencing, the court pointed out, "Despite receiving a report regarding the 'arrest instructions' on the day of the emergency martial law, the defendant directly engaged in political controversy by communicating to the outside world the falsehood that no such thing had happened."

It further reprimanded him, stating, "Such actions directly run counter to the legislative intent of strengthening the political neutrality of the NIS and also betray the public expectation 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.