Moon Sang-ho, the former commander of the Defense Intelligence Command, was sentenced to prison on charges of handing over a list of Defense Intelligence Command agents to Noh Sang-won, a former Defense Intelligence Agency commander who was a civilian at the time of the Dec. 3 martial law.
The 26th Criminal Division of the Seoul Central District Court (presiding judge Lee Hyun-kyung) on the 26th sentenced the former commander Moon to two years in prison on charges of leaking military secrets under the Military Criminal Act and violating the Personal Information Protection Act. The bench issued a new arrest warrant for Moon immediately after the sentencing, as his previous detention period in this case had expired.
Kim Bong-gyu, former head of the central press corps, and Jeong Sung-uk, former head of Project Team 2 of the 100th Brigade, who were indicted on the same charges, were each sentenced to one year and six months and one year in prison and were taken into custody in court.
The bench found all charges guilty, viewing the list of Defense Intelligence Command agents provided to former commander Noh as military secrets.
The bench said, "Personal details of the Defense Intelligence Command are prohibited from external exposure except through the chain of command," and added, "Considering that the list was provided to former commander Noh, a civilian, via abnormal channels such as Telegram, it is recognized that they conspired to commit the crime with the understanding it was military secrets."
The court also rejected the defendants' claim that they were merely following instructions from former Minister of National Defense Kim Yong-hyun. The bench said, "Providing the list was clearly an illegal and improper order, leaving no reason to follow it," and added, "Responsibility is not exempted solely because it was difficult to refuse a superior's order."
The bench pointed out, "The defendants leaked military secrets and personal information to former commander Noh, who was nothing more than a civilian, abandoning their duties under the pretext of following a superior's order." However, it explained that it considered in sentencing factors such as the defendants' long service in the military.
Moon and others are accused of conspiring with the former Minister Kim to leak to former commander Noh the personal details, including a list of about 40 Defense Intelligence Command agents, to form the Second Investigation Team, an unofficial group to investigate alleged election fraud.
Former Minister Kim, indicted on the same charges, was sentenced at trial to three years in prison. Former commander Noh, who was charged with receiving the list of Defense Intelligence Command agents from former Minister Kim, had a two-year prison term finalized by the Supreme Court.
Separately from this case, former commander Moon is also on trial before the same 26th Criminal Division of the court on charges of engaging in an important mission in an insurrection. It is a case in which he was indicted along with Yeo In-hyeong, a former commander of the Defense Counterintelligence Command, among others.
Former commander Moon is also under the second comprehensive special counsel investigation in connection with external exchange allegations that he reviewed and pursued the so-called "northern wind operation" before the declaration of martial law. The special counsel booked former Minister Kim, former commander Noh, and former commander Moon on charges of aiding the enemy in general. Aiding the enemy in general applies when one harms Korea's military interests or provides a hostile nation with military benefits.