The prosecution has decided not to appeal the not-guilty verdicts handed down in the first and second trials of former Democratic Party of Korea lawmaker Noh Woong-rae, who was indicted on charges of receiving 60 million Korean won in illegal political funds. This finalizes Noh’s acquittal.
The Seoul Central District Prosecutors’ Office announced on the 28th that it would not appeal the second trial’s not-guilty ruling. The prosecution explained, “While we appealed the first trial’s not-guilty verdict and argued the legality of evidence, we considered recent court trends of stricter judgments on the legality of procedures and requirements for voluntarily submitting evidence from existing seized items in related cases, as well as the likelihood of acceptance if an appeal were filed.”
On the same day, Noh released a statement: “The 3 years, 9 months, and 1,372 days of pain, as if a knife were piercing my heart—my hope is that overcoming the political prosecution’s fabricated indictment and investigation will serve as a turning point to correct wrongful investigative practices. I will take the lead in ensuring no more innocent victims suffer from fabricated indictments and investigations.”
Noh was indicted for allegedly receiving a total of 60 million Korean won in five installments from businessman Park Mo between February and December 2020 in exchange for favors, including logistics center licensing, power plant supply, and solar power project arrangements. The prosecution claimed part of the funds was used for the general election and the Democratic Party’s leadership election. In both trials, the prosecution sought a four-year prison term, a 200 million Korean won fine, and a 50 million Korean won confiscation order.
However, the Seoul Central District Court’s Criminal Appeals Division 5-2 (presiding judge Kim Yong-jung) dismissed the prosecution’s appeal on the 21st and upheld the first trial’s not-guilty verdict. The second trial court ruled that clues related to Noh found during the seizure and search of the mobile phone of Park’s spouse, Cho Mo, were illegally obtained and lacked evidentiary value.
While investigating former Democratic Party Secretary-General Lee Jeong-geun’s bribery case, the prosecution discovered recording files related to Noh while searching electronic data from a mobile phone voluntarily submitted by Cho. The first trial did not recognize the recordings as evidence, stating the prosecution failed to follow proper procedures, such as obtaining additional search warrants, after discovering evidence related to a separate crime. The second trial court agreed with the first trial’s judgment.
However, the second trial court accepted Park’s diary and mobile phone schedule entries made around the alleged payment dates as evidence. These records included phrases like “Mr. Noh, 20 million Korean won” and “Representative Noh, 10 million Korean won, office at 3 p.m.,” which appeared to reference Noh and specific amounts. The court deemed these records admissible as they existed separately from the electronic data on Cho’s phone.
While the second trial court viewed these as circumstances suggesting potential bribery, it concluded the evidence was insufficient to definitively prove the five alleged payments. The court stated that merely noting expressions referencing Noh and amounts did not prove beyond reasonable doubt the prosecution’s specific claims.
Legal circles have pointed out that since the prosecution abandoned its appeal in the Daejang-dong case last November, it has repeatedly declined to appeal in cases involving the current administration and ruling party figures. On the 21st, the prosecution did not appeal the first trial’s not-guilty verdicts for former Presidential Chief of Staff Noh Young-min and former Minister of Land, Infrastructure and Transport Kim Hyun-mee, who were indicted on charges of job solicitation. In June, it did not appeal the second trial’s not-guilty verdicts for former National Security Adviser Suh Hoon and others, who were indicted over the “West Sea official shooting incident.” In February, it also abandoned its appeal against former Democratic Party leader Song Young-gil, who was indicted over allegations of distributing cash envelopes during the party’s leadership election.
Earlier, President Lee Jae Myung wrote on social media after Noh’s second trial acquittal, “How can anyone who isn’t the victim themselves fathom the injustice felt by Senior Noh, who was indicted by political prosecutors and stripped of his political life by the party?”
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