Prosecution Seeks Indictment Amendment in Appeal... Hong Won-sik's Legal Team Says "Breach Amount Not Specified"
Witness Examinations Scheduled for July 6 and 13
The legal team representing former Namyang Dairy Products Chairman Hong Won-sik, who was sentenced to prison in the first trial for charges of embezzlement and breach of trust, strongly criticized the prosecution’s request to amend the indictment during the appeals trial.
Former Namyang Dairy Products Chairman Won-Sik Hong is seen leaving after the sentencing hearing for charges including embezzlement and breach of trust under the Act on the Aggravated Punishment of Specific Economic Crimes held on January 29 at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Yonhap News
View original imageOn May 18, the Criminal Division 6-1 of the Seoul High Court (Presiding Judge Kim Jongwoo) held an appellate trial for Hong and several former and current Namyang Dairy Products executives, who have been indicted for violating the Act on the Aggravated Punishment of Specific Economic Crimes (breach of trust) and other charges.
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During the hearing, the defense argued that the prosecution was making arbitrary changes to the indictment because it failed to specify the exact amount involved in the alleged breach of trust. They claimed that the prosecution's request for permission to amend the indictment was unreasonable.
Previously, the prosecution had filed two motions to amend the indictment, on April 29 and May 7. The requested amendments mainly involved changing the amount of damages related to intermediary companies and adding alternative charges to the indictment.
In response, Hong's defense counsel pointed out, "The contents of the prosecution’s request to amend the indictment are excessively complicated and technical." The attorney argued, "Repeatedly changing and adding to the amount of damages suggests that even the prosecution is having difficulty ascertaining the facts of the case and specifying the exact amount of damages," and insisted that the prosecution was making arbitrary judgments regarding qualifications and work capabilities.
Defense attorneys for other co-defendants also emphasized that the prosecution’s amendment request was inappropriate. One attorney stated, "The prosecution’s move to drastically reduce the amount of damages or even record the amount as ‘unknown’ effectively acknowledges there is no evidence regarding the amount of the alleged breach of trust."
Hong's legal team also disputed the timeline regarding the allegation that Hong’s mother privately misappropriated the company’s assets. The defense argued, "The period from 2000 to 2010 was when the now-deceased honorary chairman used the assets, and it should be distinguished that Ms. Ji, Hong’s mother, received and used them afterward."
The court also pointed out contradictions between the first trial’s verdict and the facts presented by the prosecution. The panel stated, "The first trial acknowledged a lump sum payment, but this does not match the details of regular payments, yet a guilty verdict was rendered," and requested the prosecution to clarify its position on this issue.
The court plans to hold witness examinations for a total of six people on July 6 and 13.
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Meanwhile, Hong was indicted on charges of using company-owned villas and vehicles for personal purposes, as well as causing financial losses to the company by inserting intermediary companies into business transactions. In the first trial, he was sentenced to three years in prison and a forfeiture of approximately 4,376 million won.
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