Prosecutors sought a four-year prison term again on appeal for former Democratic Party of Korea lawmaker Noh Ung-rae, who had been indicted on charges of taking illegal political funds but was acquitted in the first trial. It is the same sentence recommendation as in the first trial.
The Seoul Central District Court Criminal Appeals Division 5-2 (Presiding Judges Kim Yong-jung, Kim Ji-seon, and So Byung-jin) held the sentencing hearing on Apr. 8 in the appeal of former lawmaker Noh, who was indicted on charges of violating the Political Funds Act. Prosecutors asked the court to sentence Noh to four years in prison, a fine of 200 million won, and a forfeiture of 50 million won.
In court, prosecutors argued that, of the money Noh received, purely illegal political funds alone amounted to 40 million won. They added that, considering it was money received by a four-term lawmaker of the ruling party, the culpability is not light. Prosecutors said a stern punishment is necessary, noting not only Noh's denial of the charges but also indications that he attempted to hide evidence during the investigation.
A sentence recommendation of one year and two months in prison, a fine of 10 million won, and a forfeiture of 10 million won was also sought for a businessperson surnamed Park, who was tried alongside Noh. Prosecutors believe Park's side provided money and valuables to Noh's side in hopes of business favors and various conveniences.
Noh was indicted on charges of receiving a total of 60 million won from Park's side from February to December 2020 for business help, arranging permits and personnel among public officials, and purported election expenses. Park was found to have approached Noh after learning at a social gathering in 2019 that his wife, a person surnamed Cho, had ties with Noh, and then moved to provide money and valuables.
In November last year, the first trial acquitted Noh. The court judged the mobile phone electronic data submitted by prosecutors as key evidence to be illegally collected. The court found that the materials were mixed with electronic data related to the case of former Democratic Party of Korea Deputy Secretary-General Lee Jeong-geun, yet prosecutors obtained them without a separate warrant, and therefore did not recognize their evidentiary value.