[New Square 10] Sword, Kim Gunhee, "The Deutsche Incident" is not prosecuted...The aftermath is inevitable.

■ Host: Anchor Park Seok-won
■ Starring: Lawyer Park Sung-bae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 10AM] when quoting.

[Anchor]
Let's take a closer look at the breaking news I told you earlier. Prosecutors have just concluded that Kim Gun-hee was not prosecuted for her alleged involvement in Deutsche Motors stock price manipulation. Let's talk in detail with lawyer Park Sung-bae. Please come in. It was concluded after 4 years and 6 months. It's taken a long time. Why did it take so long?

[Park Sung-bae]
First of all, the investigation itself is inevitably slow because the stock price manipulation case requires a lot of expertise. However, it is true that the prosecution's summons investigation of Kim Gun-hee, the party involved, is late despite the sentence. A summons investigation was conducted in July, and based on this, the investigation seems to have been slow at a time when it is difficult to reveal the true relationship of the case as it was more than a decade ago, and most of all, the investigation has been slow at a time when those involved have not reinforced the statement that Kim Gun-hee was involved in the crime after learning about the stock price manipulation.

[Anchor]
There are various controversies, and we decided to point out the controversies one by one, and the prosecution's conclusion now is that they have not been prosecuted or acquitted of such various controversies, right?

[Park Sung-bae]
We have found you not guilty. In fact, even if you have judged that you are not guilty, you can investigate again if new evidence emerges. The disposition of the investigative agency is different from the judgment of the court and has no judgment. According to the police investigation rules or the prosecution investigation rules, in principle, if the previous case is raised again, we dismiss it.Ma is making sure to proceed with the investigation again if new evidence is revealed.

The prosecution has already appealed in the ruling of the related case, but if the Supreme Court decides to convict him or her, or if some acquittal or remand of some immunity is made, the possibility of resuming the investigation cannot be ruled out on the grounds that new evidence has been presented. In addition, if those involved begin to make new statements or evidence under any circumstances, they cannot rule out the possibility of another investigation.

[Anchor]
It means it's still a living embers, so where is the background of the non-prosecution judgment this time?

[Park Sung-bae]
First of all, as a result of analyzing the details of the use of Mrs. Kim Gun-hee's account in this case, there are a total of six accounts used to manipulate the market price. Of course, this is the prosecution's view. Of these six accounts, three were found guilty in the relevant judgment. Daishin Securities, Mirae Asset, and DS Securities, among which Daishin Securities is directly managed accounts, and Mirae Asset and DS Securities are appointed accounts. In other words, it is believed to be a discretionary account entrusted to stock experts such as former chairman Kwon Oh-soo, who was an acquaintance, and the reason for the non-prosecution was explained by dividing it into two accounts: a discretionary account and a direct operating account. The reason for the non-prosecution of the discretionary account is that neither Chairman Kwon Oh-soo nor the account manager told Kim Gun-hee that they were manipulating the market price, and Kim Gun-hee stated that she would not have been aware of it. On the other hand, there is no evidence that Kim Gun-hee participated in the crime even though she knew about the manipulation of the market price. Since there is no other evidence, we have made a no-charge decision. The reason can be said to be relatively simple. Next, in the case of direct operating accounts, Kim Gun-eui appears to have made a direct trading transaction with a securities company employee, and considering the stock price situation and selling price, it was determined that there was no peculiarity in the transaction itself.

However, it is estimated that the suspect, or First Lady Kim Gun-hee, was contacted by former Chairman Kwon Oh-soo in some way and submitted the order through an employee of a securities company, and the second main gun, Kim, asked former Chairman Kwon Oh-soo to secure stocks at a low price. In order to control the market price, such as trading, you must first secure stocks at a low price. Kim, the second main gun, made the request to former chairman Kwon Oh-soo, and Kwon Oh-soo seems to have contacted Kim in some form, and Kim Gun-hee, who received the call, seems to have made the sale at the instruction of former chairman Kwon Oh-soo, whom she usually believes and follows, but it is not confirmed what former chairman Kwon Oh-soo said to Kim Gun-hee at the time, so Kim Gun-hee was not indicted on the grounds that she could not rule out the possibility that she trusted and followed the simple recommendation.

[Anchor]
The contents are a little difficult, but if you summarize it now, it seems that the prosecution has decided that Kim Gun-hee does not know whether there was an account assigned to it and that account was used to manipulate the market price. Such a judgment is called Jeonju by the prosecution. I also received attention regarding the contents of Son's ruling. Because Mr. Son, who lent me his bank account, and Mrs. Kim Gun-hee. But Mr. Son was acquitted in the first trial, but he was convicted in the second trial. So what kind of prosecution judgment will be made for First Lady Kim Gun-hee today, this was the interest, but how were the two different?

[Park Sung-bae]
First of all, the reason why Son and Kim Gun-hee are essentially different is that Son was directly involved in stock trading. In addition, the situation of discussing market price manipulation with liquor stores can be confirmed through objective evidence. On the other hand, in the case of Mrs. Kim Gun-hee, it is based on the fact that those involved did not state that Mrs. Kim was involved in the crime, and that there was no objective situation of collusion with the stock price manipulation group. Even according to the history of the main gunmen's conversation, Kim Gun-hee, who provided the account to former chairman Kwon Oh-soo, appears to have been recognized as simply an account holder, and Kim Gun-hee lacks knowledge, expertise, or experience.

On the other hand, in Son's case, he is not just a Jeonju, but a professional investor and has not only started ordering market price control, but also directly participated in market price control, such as delivering related facts to the main gun. The prosecution's conclusion during the non-prosecution of the case is that the true nature of the case requires grayscale and funds for stock price manipulation groups to manipulate stock prices. It was a process of securing early investors' accounts and funds, and one of the early investors, Kim Gun-hee, came to the conclusion that she provided accounts and funds at the request of former chairman Kwon Oh-soo, who trusted without knowing the stock price manipulation, but did not recognize the use of the crime.

[Anchor]
Isn't it the 7-second sale that became the key issue of whether or not you knew the crime? The operational forces told them to sell it in 7 seconds, and instead of Kim Gun-hee's own transaction, wasn't there some transaction undergrowth in the account? By the way, aren't you saying that Mrs. Kim Gun-hee was a transaction regardless of market price manipulation?

[Park Sung-bae]
At first glance, I think there will be some parts that I don't understand. In particular, during the second trial, former chairman Kwon Oh-soo has protested that he did not manage Kim Gun-hee's account, but that Kim Gun-hee had decided on a trading transaction by speaking directly to an employee of a securities company. However, the second trial court did not accept this claim. In light of various circumstances, former chairman Kwon Oh-soo has been entrusted with some accounts and has decided that securities company employees have only conducted trading according to the management decision, but the details of text messages in seven seconds related to Daishin Securities accounts are also presented as circumstantial evidence that they knew about market manipulation in many ways.

Nevertheless, the basis for the prosecution's non-prosecution provides a fairly simple basis that there is no direct evidence to consider direct participation in discretionary trading accounts, and in direct-run accounts, some of them have been used for traditional trading. However, knowing that the stock price was manipulated, he carried out the trade directly.It is difficult to say that former chairman Kwon Oh-soo, who believes in it, asked him to provide some of the stocks immediately, so he provided them or executed the stock sale directly, but it is true that there is a lot of controversy over this.

[Anchor]
In addition to the seven-second sale, one of the parts that the prosecution initially strongly suspected was around September 2020. After the investigation began, Lee Jong-ho, CEO of Black Pearl Investment, and First Lady Kim Gun-hee talked on the phone about 40 times. Why did the investigation begin and the so-called Jeonju talked on the phone so many times, didn't you doubt this part?

[Park Sung-bae]
This part is also quite suspicious, but in fact, the prosecution rarely judges and explains this part during the non-prosecution. The reason for this is that the 1st main gun Lee's part was almost dismissed in the related case. This case is divided into the first and second periods, and the first period is from October 5, 2009 to October 20, 2016, and the second period is from November 2010. . Both the first and second trials will be avoided by 10 years under the Capital Markets Act, but the first and second periods are different. If the main gun is different, the crime method is different, so each cannot be regarded as a comprehensive crime in which a crime is committed under a consensus intention. This is because the overall act of the second period was summarized as a comprehensive crime, and in the second period, the judgment of guilt or innocence was individually executed for each market price manipulation act. The first main gun of
is Lee and the second main gun is Kim, but as you said with the first main gun, it is true that Kim Gun-hee's phone conversation is captured in many ways, and it seems that she communicates directly or responds to the request.

However, there is no direct communication between Kim and Kim Gun-hee, the second main gun. In the end, the prosecution did not seem to feel the need to explain the 1st round of indictment regarding Lee, and the 2nd round of indictment continues to explain the grounds for the acquittal.

[Anchor]
The content is a little complicated. However, in the first and second trial courts, Kim's honorary account was traded, which was promised in advance. How does the prosecution now claim this part when you made a judgment like this?

[Park Sung-bae]
There are three major guilty areas of market price manipulation in this case. There are three types of repeated orders: masquerade trading, customs trading, actual transactions, and high-priced orders, and Son, who was found guilty in the second trial this time, was found guilty of actual transactions and high-priced orders. However, in the case of Mrs. Kim Gun-hee, she has been suspected of being a masquerade and a traditional trade, which refers to a case in which sellers and buyers plan prices and supplies in advance and trade differently from the actual market price. Nevertheless, Mrs. Kim Gun-hee denies the allegations and, as I have repeatedly explained before, does not state that she knew about market manipulation when she provided the account, and on the other grounds, she was not prosecuted for providing stocks or trading directly at the request of former Chairman Kwon Oh-soo.

[Anchor]
Yesterday, the prosecution had a red team meeting for about four hours. How does the red team meeting go?

[Park Sung-bae]
In fact, it is not a common procedure for red team meetings. Since the convocation of the committee itself is somewhat burdensome, it has already concluded the investigation, but it seems that it has gone through the process of receiving opinions from other members of the prosecution and supplementing them. Once the investigation team explains the results of the investigation, the outline of the case and the direction of disposal, the prosecution's insiders outside the investigation team will point out loopholes and questions in the investigation results. However, the conclusion of this red team is basically justified, and it is a procedure to compensate for some deficiencies in the process of drawing the conclusion justification.

It is somewhat difficult to see this red team procedure as a procedure to change the conclusion. [Anchor] In terms of criticism, however, there are criticisms that it is a red team meeting to lay down the investigation conclusion and collect the arguments and logics before laying the groundwork for the opposing logics. What do you think about this?

[Park Sung-bae]
In fact, the external depth level takes the form of recommending that outside prosecutors participate and call prosecution or non-prosecution. Most of the recommendations and the only precedent that did not follow were that the prosecution cleared Pastor Choi Jae-hyung of charges in the recent suspicion of receiving luxury bags, despite the fact that the committee recommended prosecution for predicting the prosecution of Pastor Choi Jae-hyung. Rather than presenting the relevant information clearly, the Red Team has already presented the conclusions of the investigation team, some deficiencies, and questions that could be presented, and it can be said that it is a process in which the Red Team first presents defense logic.

The criticism seems sufficiently possible, and as there are accusers to see what kind of objection procedures are in place for this conclusion, other objection procedures such as appeals or adjudication applications can be prepared. Rather than new investigations being raised through the accuser's objection procedure, investigations like this are often initiated again by a witness appearing out of the blue or new evidence. It's a long time ago.As the statute of limitations has been suspended due to the prosecution of the accomplices involved, there is still distrust in the possibility of resuming other investigations.

[Anchor]
So President Yoon's mother-in-law, Choi Eun-soon, who is Kim Gun-hee's mother, was also not indicted, is this the same background as Kim Gun-hee's non-prosecution?

[Park Sung-bae]
It's the same background. As for Choi Eun-soon, no more specific basis for non-prosecution has been presented, but the reason can be found in the conclusion of the prosecutor who judges the reality of the overall case. As explained earlier, how does the prosecutor view the substance of this case? The stock price manipulation group, which had a high need to secure supply and demand accounts and stocks, was in the process of securing accounts and data for early investors, and the early investors provided related accounts and funds without knowing the stock price manipulation. It is read to the effect that one of them is Choi Eun-soon.

[Anchor]
Earlier, regarding the suspicion of receiving luxury bags, this was also controversial because the investigation team's conclusions were different from the recommendation of the committee, but what decisions will be made after the prosecution's judgment and what controversies will there be?

[Park Sung-bae]
From the standpoint of criticism, it is possible to criticize the reason for not convening the depth committee and whether it is a doctor who does not want to receive external opinions after already reaching a conclusion. However, the prosecution may have its own grievances. Kim Gun-hee is the only person involved in the case, and if the prosecutor general convenes himself at the request of the head of the Seoul Central District Prosecutors' Office, he may face criticism that the prosecutor general, who is excluded from the investigation, is involved. In addition, the prosecution's difficulty of not facing such controversy again is seen as the prosecution's failure to follow despite the fact that the committee has made some decisions in the recent suspicion of receiving luxury bags. However, it can be said that the case has been settled to some extent due to the non-prosecution.Depending on the situation, if new evidence or statements are released, there is a possibility that other investigations will be resumed, and if the Supreme Court decides to revoke and return some immunity or acquittal, the impact will be strong.

[Anchor]
I see. Let's stop here. So far, I've been with lawyer Park Sung-bae. Thank you for talking today.