The Special Counsel team investigating the Marine corporal's death (Special Counsel Lee Myung-heon) has appealed the first-trial acquittal of Lee Jong-ho, former CEO of Black Pearl Investment, who was indicted on charges of instructing the destruction of his mobile phone to eliminate evidence during the investigation into alleged lobbying to save former Marine Division Commander Im Seong-geun.
The special counsel team announced on Wednesday, "We plan to appeal and contest this ruling to prevent it from becoming a precedent that deepens the gap between law and common sense and undermines the rule of law."
The 26th Criminal Division of the Seoul Central District Court (Presiding Judge Lee Hyeon-gyeong) acquitted the former CEO on charges of instigating evidence destruction on June 2. A person surnamed Cha, who destroyed and disposed of the mobile phone under Lee's instructions, was fined 3 million won ($2,200). This was the first trial verdict in a case indicted by the Marine special counsel (Special Counsel Lee Myung-heon).
The court recognized Lee and Cha as co-principals but acquitted Lee, citing the legal principle that a person cannot be punished for destroying evidence in their own criminal case. Under Article 155 of the Criminal Act, the crime of evidence destruction applies only when someone destroys or conceals evidence related to another person's criminal case.
"The former CEO was a subject of investigation under the Special Counsel Act and faced the possibility of criminal punishment. He appears to have destroyed the phone for his own benefit while aware of this," the court said. "Given the circumstances at the time, it is difficult to view this as an abuse of the right to defense that caused serious obstruction to the investigation."
The special counsel team responded, "Under current law, while destroying one's own evidence does not constitute the crime of evidence destruction, Supreme Court precedent holds that 'instigating' another person to do so does constitute the crime of instigating evidence destruction." The team added, "The trial court found that because the former CEO went beyond simply giving instructions and personally stomped on and smashed the phone together with Cha, this constituted 'co-perpetration' of evidence destruction rather than 'instigation.'"
"If this logic is upheld, it would effectively provide an absurd criminal guidebook for those seeking to destroy evidence: 'If you merely order someone else to do it, you face instigation charges, but if you personally lend a hand, you are acquitted,'" the special counsel team stressed.
Lee was indicted for allegedly instructing his associate Cha to destroy and dispose of his mobile phone at Jamwon Hangang Park in Seocho-gu, Seoul, on July 15 last year. He is suspected of having approached first lady Kim Keon-hee and other officials in the Yoon Suk Yeol administration in an effort to save Im, the former commander of the 1st Marine Division, who is a key suspect in the Marine Corporal Chae's death case.