On December 2, 2024, Moon Sang-ho, a former commander of the Defense Intelligence Command, was acquitted of charges related to leaking military secrets to Noh Sang-won, a former commander of the Army Intelligence Command, who was a civilian at the time.
The Seoul Central District Court's Criminal Division 26, presided over by Judge Lee Hyun-kyung, delivered the not guilty verdict on September 11. The special investigation team for insurrection, led by Special Prosecutor Jo Eun-seok, had sought a five-year prison sentence during the closing arguments in July.
Moon was accused of disclosing information about the intelligence agency's status and missions to Noh after reporting to then-Defense Minister Kim Yong-hyun on December 2, the day before the emergency martial law was declared.
During the investigation, it was revealed that Moon had communicated with Noh, stating, "I reported on special forces, missions, and equipment," and mentioned that he was instructed to prepare.
However, the court determined that these statements did not contain specific mission details, making it difficult to classify them as military secrets. References to special forces and equipment were deemed to pertain to publicly known information about the intelligence agency's organizational structure and equipment used by military and civilian sectors.
The court stated, "The defendant's statements alone do not suggest that the disclosed information could lead to military harm," and it was also difficult to conclude that Noh had recognized the information in the charges based on what he already knew.
The court did not acknowledge any intent to leak classified information, concluding that Moon was merely trying to convey the information he reported to Minister Kim, with insufficient evidence to suggest he intended to disclose military secrets.
However, the court rejected Moon's claim that the black box security digital (SD) card containing the call details and electronic information was unlawfully obtained. The court found that proper procedures were followed during the seizure, ensuring Noh's right to participate was protected.
Separately, Moon was sentenced to two years in prison in the first trial for allegedly providing personal information of over 40 intelligence agency personnel to Noh. The first hearing for the appeal in this case is scheduled for the 15th.
* This article has been translated by AI.
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