SBS Obtains First-Instance Verdict on Lee Hwa-young's Perjury: 'Inconsistent Statements on Drinking Location and Amount'

SBS has obtained the first-instance written verdict containing the detailed reasoning behind the four-month prison sentence handed down to Lee Hwa-young, former Gyeonggi Province Vice Governor for Peace, who was convicted of perjury at the National Assembly in connection with the so-called "salmon and alcohol party" allegations.

According to the verdict, Criminal Division 11 of the Suwon District Court (presided over by Judge Song Byeong-hun) found Lee guilty of perjury at the National Assembly, citing inconsistent statements regarding the "salmon and alcohol party" based on the opinions of the jury in the citizen participation trial.

The "salmon and alcohol party" allegations claim that on May 17, 2023, during the investigation into Ssangbangwool Group's illegal remittance to North Korea, the prosecution team, including Prosecutor Park Sang-yong, provided salmon and alcohol to suspects, including Lee and former Ssangbangwool Chairman Kim Seong-tae, to coax them into making statements unfavorable to President Lee Jae-myung (then-leader of the Democratic Party of Korea).

Lee was put on trial on charges of perjury for testifying as a witness at a parliamentary impeachment inquiry hearing for Prosecutor Park in October of the same year, falsely claiming, "I was provided with alcohol in Room 1313 of the Suwon District Prosecutors' Office on June 18 or June 30, 2023."

Following a nine-and-a-half-hour overnight deliberation starting at 6 p.m. on June 19, the day before the sentencing, all seven jurors first agreed that the Suwon District Prosecutors' Office had the authority to investigate and prosecute the case that occurred within its jurisdiction.

Regarding whether Lee's claim of being provided with alcohol in the presence of former Chairman Kim and others on May 17, 2023—the date Lee later specified after the National Assembly hearing—was false, the jury delivered a split verdict of 4 "yes" (guilty) and 3 "no" (not guilty).

The three jurors who voted "no" determined that Lee's statements in the National Assembly mentioning June 18 and June 30 as the dates could not be deemed false testimonies.

The court explained that "it is difficult to conclude from the submitted materials alone that the prosecution split and indicted the cases against Lee with a specific intent," adding that the Suwon District Prosecutors' Office's indictment cannot be seen as a significant abuse of prosecutorial discretion.

It further concluded, "The courtroom testimonies of the witnesses who took oaths before the judges and jurors are mutually consistent, and there are no circumstances to dismiss their statements," adding, "Lee's statements are inconsistent regarding the drinking location and the amount of alcohol consumed, making it difficult to believe that alcohol was provided solely based on Ssangbangwool's corporate card transaction records."

The court stated, "Considering the legislative intent of the citizen participation trial system, it is necessary to respect the opinions of the jurors," noting that it took into account the sentencing recommendations of the jury—six recommending four months in prison and one recommending six months—in determining the final sentence.

Meanwhile, the court acquitted Lee of the charges of conspiring with former Ssangbangwool Chairman Kim in a "split donation" scheme, which constituted a violation of the Political Funds Act.

Regarding the charges of abetting 11 Ssangbangwool Group employees and their spouses to donate 8 million won in May 2018 to the support association of President Lee (then a candidate for Gyeonggi Province Governor), and abetting 13 individuals, including former Chairman Kim and KH Group Chairman Bae Sang-yoon, to donate a total of 90 million won in July 2021 to the support association of President Lee (then a candidate in the Democratic Party's presidential primary)—thereby exceeding the annual donation limit—all seven jurors concluded that Lee was not involved. The court accepted this finding and declared him not guilty.

Regarding the charges of abuse of power related to providing tree saplings and flour to North Korea, the court dismissed the prosecution's public action ex officio.

Although a majority of the jury had voted that the prosecution did not abuse its power regarding these charges (2 "yes" and 5 "no"), the court pointed to a related case (in which Shin Myung-seop, former Director-General of the Gyeonggi Peace Cooperation Bureau, was found partially guilty in his first-instance trial) and pointed out, "When the prosecutor indicted Shin, they listed a conspiratorial relationship in the indictment despite lacking evidence to prove a co-conspirator relationship with Lee."

The court ruled, "Lee was found guilty of being a co-conspirator in Shin's case without being indicted or having any opportunity to exercise his right to defense," concluding that this clearly constituted an abuse of prosecutorial power that gravely infringed upon the right to defense.

Lee's defense team argued, "The prosecution made a forced indictment by singling out a mere one-minute mention of 'bringing in alcohol' from Lee's 40-minute testimony at the National Assembly hearing," claiming, "He has consistently maintained that the alcohol party did take place, and only his memory of the exact date was unclear."

Referring to a lie detector test by the Seoul High Prosecutors' Office's Human Rights Violation Inspection Task Force, which showed a "truthful response," Lee's side expressed their intention to appeal, stating, "He testified to facts that clearly exist in his memory, and it is difficult to accept that this is being punished as deliberate perjury."
※ Please note: This article was translated by AI and may contain errors.