A suspended sentence of a fine has been finalized for former prosecutor Lee Gyu-won, who was brought to trial on charges of drafting a false report during the investigation into former Vice Minister of the Ministry of Justice Kim Hak-ui's "sex-for-favors allegations."
The Supreme Court's Third Division (presiding Justice Lee Suk-yeon) on the 11th upheld the lower court ruling that suspended the sentence of a 2 million won fine for former prosecutor Lee, who was indicted on charges including drafting and using false official documents and leaking official secrets.
Courts recognize guilt but suspend sentencing when the crime is minor in light of the circumstances. If two years pass from the date of the suspended sentence, the punishment is waived (acquittal by lapse). A suspended sentence may be given for imprisonment or confinement of one year or less, disqualification, or a fine.
Lee, while serving on the Supreme Prosecutors' Office Past Affairs Fact-Finding Team in 2018–2019, was indicted on charges of fabricating as false and drafting an interview report with content that construction businessman Yoon Jung-cheon, a key figure in the sex-for-favors allegations, and former presidential administrative officer Park Gwan-cheon had not said. He was also charged with tipping off a specific media outlet to prompt coverage.
The court of first instance suspended a 500,000 won fine for Lee. It found him guilty for the portion where, during the third interview with Yoon, he reconstructed statements without an official recording and falsely wrote them up.
The appellate court suspended a 2 million won fine for Lee. It reversed the first-instance acquittal on charges of violating the Personal Information Protection Act and the Act on Digitalization of Criminal Procedure, finding him guilty. The court recognized that he leaked personal information learned during the interview process and unlawfully provided information checked in the Korea Information System for Criminal-Justice Services (KICS).
Lee appealed the verdict, but the Supreme Court dismissed the appeal, finding no error in the determination.
While still an incumbent prosecutor, Lee was nominated as a proportional representative candidate for the Rebuilding Korea Party and ran in the 2024 general election but lost. He submitted his resignation in Mar. 2024, saying he would run in the general election, but the Ministry of Justice did not accept it, citing that the second trial was underway in the illegal travel ban case involving former Vice Minister Kim. Lee did not return to the prosecution thereafter. In Nov. of the same year, the Ministry of Justice dismissed him for violating the ban on engaging in political activities.