Police have referred former President Yoon Suk Yeol to prosecutors for allegedly making false statements regarding his wife Kim Geon-hee's involvement in stock manipulation related to Deutsche Motors during the 20th presidential election. Although prosecutors initially deemed it difficult to establish charges, police decided to proceed based on a recent guilty ruling against Yoon in a separate election law violation case.
According to legal sources on July 30, the Special Investigation Unit of the National Police Agency transferred Yoon to the Seoul Central District Prosecutors' Office on charges of making false statements under the Public Official Election Act. The unit concluded that the allegations were substantiated after a comprehensive review of the facts and legal precedents.
Yoon is accused of denying allegations of Kim's involvement in stock manipulation from October 2021 to February 2022, during the People Power Party's presidential primary and general election.
Specifically, during a candidate debate on October 15, 2021, he allegedly stated that Kim had distanced herself from Lee Jeong-pil, who was identified as a key figure in the stock manipulation, saying, "She reported losses and withdrew her money, severing ties with him." In February of the following year, he claimed that Kim had not participated in any stock manipulation.
Police reportedly interpreted Yoon's statements as a complete denial of the allegations against Kim, considering the overall context and how an average voter would perceive them.
Prosecutors, however, expressed a different view. During pre-consultation with police, the Seoul Central District Prosecutors' Office indicated that the problematic statements could be limited to the first half of 2010, when Kim allegedly suffered losses after entrusting her account to Lee. They suggested that establishing charges would be difficult, emphasizing the need to distinguish between the timing of Kim's losses and the period of stock manipulation that was later recognized as guilty.
The police's decision to ultimately refer the case was influenced by a ruling on July 27, where Yoon was found guilty in a separate election law violation case. The Seoul Central District Court's 21st Criminal Division, led by Judge Jo Soon-pyo, recognized Yoon's guilt for making false statements regarding his introduction of a lawyer to former Yongsan Tax Office chief Yoon Woo-jin and his acquaintance with Jeon Seong-bae of Geun-jin Beopsa.
The court determined that when assessing the establishment of false statement charges, it is essential to consider the context and how an average voter would understand the statements at the time, rather than analyzing individual phrases retrospectively. The court interpreted the expression "introduced a lawyer" to encompass not only formal hiring but also actions that connect or facilitate introductions. Police appear to have applied this standard to Yoon's statements regarding Deutsche Motors as well.
Previously, police had communicated their referral opinion to prosecutors in accordance with investigative guidelines that allow for consultation on whether to refer election-related cases. Although prosecutors expressed opposition, police maintained their position after reviewing the recent ruling.
Some of Kim's allegations related to Deutsche Motors have been recognized as guilty in the appellate court and are pending a decision from the Supreme Court's full bench.
The key issue now is whether prosecutors will proceed with charges. The statute of limitations for election law violations is six months from the election date, but it has been suspended during Yoon's term, which began on May 10, 2022, due to constitutional non-prosecution privileges. Prosecutors have also stated that the statute of limitations for the false statement case related to Deutsche Motors was suspended during Yoon's term.
This case has since been transferred to the Kim Geon-hee special investigation team, led by Special Prosecutor Min Jung-ki. Article 4 of the Kim Geon-hee Special Investigation Law stipulates that the statute of limitations for cases specified in the law is suspended from the date of the law's promulgation until the end of the special investigation period.
After the conclusion of the three major special investigations, it is understood that the statute of limitations has been further suspended in conjunction with the activities of the comprehensive special investigation team, led by Special Prosecutor Kwon Chang-young. The investigation period for the comprehensive special investigation has recently been extended for the third time, now set to conclude by August 23. Investigative agencies believe that excluding Yoon's term and the special investigation period, the statute of limitations for this case will expire in September.
Attention is now focused on whether prosecutors will maintain their previous position of not filing charges or accept the recent court ruling applied by police to refer Yoon for additional prosecution.
* This article has been translated by AI.
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