Im Woo-jae, former adviser at Samsung Electro-Mechanics, who was sentenced to prison in the first trial on charges of conspiring to file a false missing-person report in connection with his shaman partner's case, has applied for bail in court.
According to legal sources on the 28th, the former adviser applied for bail on the 20th to the Seoul High Court's Criminal Division 13 (Presiding Judge Kim Moo-shin, senior judge).
At the bail hearing held that day, the former adviser's attorney emphasized that the former adviser is a first-time offender. The attorney said there is no reason to exclude him from bail because he has no criminal record.
The defense also said new circumstances have arisen on appeal that differ from the first trial. During the appellate proceedings, testimony emerged to the effect that the former adviser did not know about the missing-person report and did not intentionally participate in the crime, changing the situation.
The former adviser's side also mentioned family circumstances. The attorney said, "The former adviser's father passed away in September last year, and his mother is living alone," adding, "We are currently lying that he is abroad." The attorney asked the court to grant bail in light of the former adviser's difficult situation.
When the presiding judge asked for his position on bail, the former adviser said, "I have nothing in particular to say," and added, "I ask for leniency from the court."
The former adviser's side also argued at the hearing that day, "All the former adviser did was drive once over a distance of about 10 minutes," adding, "This was not the essence of the crime and was a substitutable act that someone else could have done." The defense asked the court to render a not-guilty verdict or a suspended sentence.
In his final statement, the former adviser said, "I will never get entangled in matters like this again and will devote myself to contributing to society," adding, "I sincerely and earnestly ask for leniency."
The appellate ruling for the former adviser is scheduled for Jun. 25. The first trial court on Dec. 30 last year sentenced the former adviser, who was indicted on charges of obstruction of the performance of official duties by fraudulent means, to one year in prison.
The case occurred in Apr. last year in Yeoncheon County, Gyeonggi Province. Shaman A is accused of confining an 80-something grandmother, B, in her home, then monitoring and assaulting her after a conflict with B's son, by having B's grandson and others do so. Prosecutors applied the charge of aggravated unlawful confinement resulting in injury.
Prosecutors believe that when B escaped and reported to police, A staged a false commotion to obstruct the investigation. A was found to have had B's granddaughter send a suicide-note-style message to the family saying she "was afraid due to coercive questioning and did not want to live."
Prosecutors also determined that A had B's grandson file a false missing-person report as if his younger sister had taken her own life.
The former adviser is accused of transporting B's granddaughter in a vehicle together with A during this process.
The first trial court found that the former adviser did not directly participate in the confinement and assault of B. However, it determined that he played a key role in the subsequent fake suicide commotion and the false missing-person report.
The court said of the former adviser, "Despite knowing the facts of the crime, he performed a key role in the plan to obstruct the performance of official duties by fraudulent means, with the aim of helping his partner, A, avoid punishment." It added, "Up to and including the court stage, he joined in fabricating evidence and denies criminal intent, raising doubts about whether he is reflecting on his actions."
The former adviser is the ex-husband of Hotel Shilla President Lee Boo-jin. In 1999, their marriage between a third-generation heir of the Samsung group and a rank-and-file employee drew attention.