'Lim Seonggeun Release-Lobbying Allegations': Lee Jongho's Acquittal Upheld... Special Counsel "Deeply Regrets" (Comprehensive)

Cha Jincheol's 3 million won fine upheld for smashing the cellphone
Special counsel: "A paradox in which those who directly take part in the crime escape punishment"

Lee Jongho, former CEO of Black Pearl Invest, was acquitted of charges of ordering an acquaintance to destroy his cellphone while he was under investigation over alleged lobbying to secure someone's release.

The Supreme Court's Second Division, presided over by Justice Kwon Young-joon, upheld the lower court's acquittal on Thursday morning, October 8, in the final appeal of Lee's case on charges of instigating the destruction of evidence. The court found that Lee should be regarded as a co-principal, rather than an instigator, and that the legal principle exempting people from punishment for destroying their own evidence in a criminal case should apply.

Lee Jongho, former CEO of Black Pearl Invest. Yonhap News.

However, the 3 million won fine imposed on Mr. Cha, who was also indicted on charges of carrying out the destruction and disposal of the cellphone, was upheld.

Lee was accused of ordering Cha to destroy and dispose of his cellphone on July 15 last year at Jamwon Hangang Park in Seocho-gu, Seoul. Lee reportedly threw the cellphone to the ground and ordered Cha to destroy it. Cha then stamped on it and discarded it in a park trash can.

At the time, the special counsel team investigating the death of a Marine in the line of duty was looking into whether Lee had used his personal ties to First Lady Kim Keon-hee to lobby for the release of Lim Seonggeun, former commander of the 1st Marine Division.

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

The appeals court reached the same conclusion. It said, "Lee appears to have understood that he could also face criminal punishment if the cellphone revealed evidence of illegal lobbying," adding, "We do not accept the special counsel's argument that the evidence in question belonged to someone else rather than to Lee."

After the Supreme Court ruling, the special counsel team issued a statement expressing regret, saying, "This creates the paradox of someone who not only gave the order but also took part in carrying it out escaping punishment."

The team said, "Lee was acquitted despite going beyond giving an order and taking part in carrying out the crime, while only Cha Jincheol, who smashed and disposed of the cellphone at Lee's direction, was punished." It added, "If this ruling sets a precedent that people can evade responsibility even after destroying evidence, it will be difficult to prevent people under investigation from making the same choice in the future."

The special counsel team also said, "The Supreme Court read out only the operative part of its ruling when it issued the decision, so we have not yet been able to confirm the specific reasoning," adding, "We will review it closely once the written judgment is released."

This content was produced with the assistance of AI translation services.