Lee Jongho's Acquittal for Instigating Evidence Destruction Finalized in 'Lim Seong-geun Rescue Lobbying' Case

Deemed a co-principal, not an instigator

Lee Jongho, former CEO of Black Pearl Invest, was acquitted of charges that he instructed an acquaintance to destroy his cellphone while he was under investigation over alleged lobbying to save a former Marine Corps commander from accountability. The acquittal is now final.

Lee Jongho, former CEO of Black Pearl Invest. 2025.07.23 Reporter Yoon Dongju

The Supreme Court's Second Division, with Justice Kwon Young-joon presiding, on the morning of Oct. 8 upheld the lower court's acquittal of Lee on charges of instigating the destruction of evidence. The court found that Lee should be considered a co-principal, rather than someone who instigated the destruction of evidence, and that the legal principle barring punishment for destroying one's own evidence in a criminal case should apply.

However, the 3 million won fine imposed on Mr. Cha, who was also indicted for breaking and disposing of the cellphone, was upheld.

Lee was accused of instructing Mr. Cha to break and dispose of his cellphone on July 15 last year at Jamwon Hangang Park in Seocho-gu, Seoul. Lee reportedly threw the phone to the ground and told Mr. Cha to destroy it. Mr. Cha then stomped on it and threw it away in a park trash can.

At the time, the special counsel team investigating the Marine's death was looking into whether Lee had used his personal ties with First Lady Kim Keon-hee to lobby on behalf of Lim Seong-geun, former commander of the Marine Corps' 1st Division.

The first trial acquitted Lee and sentenced Mr. Cha to a fine of 3 million won. The court found that the two had jointly carried out the destruction, deeming Lee a co-principal rather than an instigator. It acquitted him in keeping with the principle that a person cannot be punished for destroying their own evidence in a criminal case.

The appellate court reached the same conclusion. It said, "Lee appears to have understood that he could also face criminal punishment if information on the cellphone concerning illegal lobbying came to light," adding, "We reject the special counsel's argument that the evidence in question belonged to someone else, rather than being Lee's own evidence."

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