■ Starring: Attorney Yang Ji-min
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[Anchor]
Let's look at the incidents and accidents that are receiving a lot of attention. Case 2 now, today we will be with lawyer Yang Ji-min. Please come in.
Myung Tae-kyun is a key figure in the suspicion of nomination intervention. I attended the prosecution as a suspect this morning, and I attended the prosecution in February, but this is the first time I have been investigated by a prosecutor?
[Yang Jimin]
That's right. I attended the prosecution in February. This is what the investigation department summoned. So, rather than being investigated in the presence of a prosecutor, we can judge that we talked about the case with the investigator. However, this time's attendance was formally investigated by the prosecutor, and in the meantime, the investigation team was reinforced. So, it can give meaning that the investigation team was actually investigated for the first time after being reinforced by several personnel. First of all, he is being investigated as a suspect in nine months, and he is currently facing various charges, including a violation of the Political Fund Act.
[Anchor]
Myung Tae-kyun seems very reluctant to be exposed to the media, but I talked about it during the attendance process today. I've received a lot of attention on what I'm going to talk about. I'll listen to it myself.
Myung Tae-kyun is said to have asked the prosecution for a closed summons, but due to the structure of the Changwon District Prosecutors' Office, there was no underground parking lot, so he was forced to be exposed to the media.
[Jimin Yang]
That's right. It is said that he talked about his young daughter because he has a family. I think he predicted that if he attended like this, many media would be interested, and that there should be a process of concisely expressing his position anyway. That's why it seems that he asked the investigative agency to conduct a private summons to avoid such a situation. However, even if it is private, many media companies are waiting in front of it, and as you said, there is no underground parking lot, so it is inevitably exposed. So, he got out of the car and briefly said that he was a principled story, but he had no choice but to say a few words and go in.
[Anchor]
As interest is high, a lot of questions have been asked by reporters. He seemed to save his words, but he emphasized that he had never received a single won. How do you read it from a lawyer's point of view?
[Jimin Yang]
You can tell by the flow of money. I say that I didn't get a won. In general, this might be a little right when it comes to embezzlement or breach of trust cases. Because in the case of embezzlement or breach of trust, if you keep following the flow of money, there are many charges that Myung Tae-kyun is facing now, but one of them is a violation of the Political Fund Act. And in fact, it is revealed that Kim Young-sun received about 90 million won in salary from former lawmaker Kim Young-sun. There is a need to check whether such money is borrowed or not, but it seems to be enough to have doubts from the investigative agency's point of view. So, the fact that he did not receive even 1 won may be an incoherent argument considering the money he received from former lawmaker Kim Young-sun. First of all, he actually intervened in a certain manipulation.It is expected that today's investigation will focus on whether the receipt of money and goods is irrelevant to the intervention of one's own nomination.
[Anchor]
Kang Hye-kyung, the informant and suspect of the suspicion, and Kim Young-sun, the former lawmaker, have already been investigated. Through the investigation of the three people, the prosecution must have such an intention to match the facts, right?
[Jimin Yang]
That's right. So the person who is entangled with the core and everything of this case is Myung Tae-kyun. That's why, as you said, Kang Hye-kyung and former lawmaker Kim Young-sun were summoned to receive statements. Because the parties are actually not irrelevant to this case, but nevertheless, the investigative agency is in a position to question Myung Tae-kyun, so it is important to secure enough statements related to it in order to investigate and receive any meaningful answers.
Therefore, it is possible that we summoned Kang Hye-kyung and former lawmaker Kim Young-sun, who are very familiar with the case, and asked about various relationships, including what they said at the time and how much evidence they had.
Based on all these data, it is expected that I will ask various questions to Myung Tae-kyun today.
[Anchor]
Transcripts continued to be released in connection with this. Earlier, Myung Tae-kyun said, "I will go to blow up the transcript of my father's grave," and there were concerns about the destruction of evidence.
[Jimin Yang]
That's right. If such a statement is true, it could actually be a little problem. However, it seems that the priority is to determine the authenticity of the statement because it does not punish everything, whether you tried to conceal any evidence for your crimes or I made false statements. Because, as you said, he made remarks through the media to the effect that he would burn all the evidence even though he buried it all in his father's grave, but now he has changed his position and says that it was just a story out of anger, it was not true. Therefore, the so-called golden phone, which is known to have been used by Myung Tae-kyun, or the data backed up of his data, whether such things actually exist, or whether they are really destroyed or concealed, or whether a third party keeps them safely, is one of the parts that the investigative agency needs to find out.
[Anchor]
When statements do not match between people with various relationships, the prosecution sometimes asks a cross-examination. What do you think about the possibility of cross-examination of these three people?
[Jimin Yang]
You decide whether to cross-examine how conflicting the statements are. I think it's worth considering by the investigative agency. This is because there are no victims of sex crimes, and all three are now in the position of the perpetrator who acted rather than the victim's position. As a result, it does not appear to be a situation that can cause secondary harm or damage to one person by confronting, so the Young statement is contradictory from the investigative agency's point of view, and two people make the same statement, which can be used as a means to pressure one person. Perhaps the advantage of cross-examination is that this person has little time to actually think about what he was refuting at the time. Even if you have some time with the help of a lawyer, there is a possibility that this will be done less clearly than when asked alone. So, considering those points, it seems worth considering as a method of investigation by the investigative agency.
[Anchor]
In December last year, the Gyeongnam Election Commission raised suspicions and requested an investigation. It's been almost a year, and some people are saying that the investigation is too slow or sluggish.
[Jimin Yang]
There seems to be nothing to say about the criticism that the investigation is slow and the investigation is slow. Because CEO Han Dong-hoon also pointed out this part. Isn't it necessary for the investigation team to reinforce it? Because there has been a story about why the investigation has not progressed so much, it seems that the prosecution has actually moved to reinforce the actual investigation team. So, at this point in time, the number of investigators is actually around 10. From the prosecution's point of view, it can be seen as a willingness to speed up the investigation by reinforcing the investigation team's manpower. In other words, I think today's investigation could be conducted very late, or if time is short for health reasons or various reasons, I can call Myung Tae-kyun several times to summon him.
[Anchor]
You also mentioned the possibility of additional summons, and what do you think about securing recruits?
[Jimin Yang]
According to what the investigative agency is saying, after the investigation of Myung Tae-kyun today, it is said that it will decide whether to detain people such as former lawmaker Kim Young-sun and Kang Hye-kyung. Therefore, there is no choice but to see this as an issue in the investigative agency, whether there is a fear of escape or destruction of evidence. Because even if we go to the court stage, the investigative agency will also be concerned about whether or not a warrant is issued. The disadvantage for Myung Tae-kyun is that even if he said this out of anger, he said, "I'm going to burn all the evidence, I'm going to get rid of it," and he said, "There were a lot of processes when I did that and changed it, so those things can act as a very disadvantageous aspect for him to examine the validity of the warrant.
[Anchor]
As the investigation is expected to speed up in the future, we need to wait and see the situation. Let's move on to the next topic that we prepared. Let's watch the related video first.
You saw the screen.Ma is an incident in which the police's wit was exercised. The police did a stop-and-go check on the street, and a gangster who was wanted was caught?
[Jimin Yang]
That's right. There was not a single wanted member, but a gang member who was wanted in 14 cases was arrested. First of all, as you saw in the video, a man was handing out a bunch of money to several men. This must be a very mysterious scene from the police's point of view. It wasn't just given out of pocket money, it was also giving out bundles of money. That's why the police had no choice but to doubt it, and they also saw the money recipients bowing at a 90-degree angle to greet each other. So the police who were on foot patrol approached and tried to question why they were handing out the money. Usually, however, there was a situation like this where the person who was giving out money gave out his ID card and told me my personal information, falsely gave out his ID card and handed out someone else's business card. And there was even an attempt to escape. As a result, the police had no choice but to catch this man.
[Anchor]
This man was handing out bundles of money. I think it was just a feeling of the police, but this man has been on the run for five years since 2019. I think there's a pretty high possibility of a female crime that you might not know. How do you see it?
[Jimin Yang]
There's a possibility of a misdemeanor. Because he had been on the run for five years since 2019, and he could not do anything without actually presenting his identity. Because it's an immediate wanted situation, it can be revealed. Nevertheless, holding a bunch of money like that is a very high possibility that such cash will be criminal proceeds. In addition to the 14 wanted cases he was receiving, investigating where that bundle of money came from is expected to reveal other additional crimes.
[Anchor]
So, you mean that we need to find out the source of the 50,000 won cash bundle so that we can find out more accurately, right?
[Yang Jimin]
That's right. There are very limited things you can do without revealing your identity. Even so, the fact that you earned so much money as a profit is actually highly likely to result in criminal proceeds. That's why the investigative agency also arrested this man as a red-handed criminal. In the context of personal detention, personal security is secured, so if the investigation is conducted intensively, it will be possible to determine where the money was earned and what crimes and other crimes are committed.
[Anchor]
It was a case in which the boldness of the suspect became rather poisonous and triggered the police's intuition. Let's move on to the next news. I prepared a video.
It was a very shocking incident. There was a divorce lawsuit in which a son in his 40s hid his father's body in a freezer and proceeded as if he were his father. YTN reporters secured a ruling regarding this case. A lawsuit was underway over his father's property, which seems to be worth 6.9 billion won?
[Jimin Yang]
That's right. So the parties to this lawsuit are the deceased father and his wife. From the son's point of view, it is a divorce lawsuit between his stepmother and his biological father. In the case of divorce proceedings, we generally agree to allow us to divorce, how much property division and alimony. However, it would have been difficult to agree on this part if it went to the lawsuit. First, the father claims for divorce and alimony against his mother. Then, my mother asked me to divide the property as a counterclaim, and what I was claiming was 3.3 billion won. So it was a situation in which they filed a lawsuit against each other, asking for alimony because you were responsible for the breakdown of the marriage while you were married, and 3.3 billion won in property division.
[Anchor]
How does it change if your father eventually died, but you file for divorce while he's alive and you report your death after he dies?
[Jimin Yang]
It's very different. This is because the time when my father is believed to have died was September 23. And the divorce case was confirmed in April this year. Therefore, from the son's point of view, if the father was alive until April of this year until the ruling was confirmed, it would be a divorce in which the relationship with the stepmother was cleared. After that, even if my father dies, it's all my property. It's the sole heir. But that's not it, but if the father dies during divorce proceedings. Then, the divorce proceedings usually end immediately without handing over to the heir. Then the marriage between the two is still alive. Then, assuming that the property division takes place, my stepmother can inherit more property than I do. In general, the spouse is 1.5 and the child 1 is inherited, so it is possible to inherit 0.5 times more property than me to the stepmother, so it was actually a very important issue for the father to live until the end of this divorce trial.
[Anchor]
So, I did this to inherit more, but I think we need a little more investigation. The cause of my father's death and the timing of his death need to be investigated further.
[Jimin Yang]
That's right. First of all, what's presumed now is that his father died during the trial of an appeals court in a divorce suit, but it seems important to hear an autopsy or a son's statement to be accurate. At this time, it is revealed that there are no signs of trauma or murder. Nevertheless, since my father died of natural causes, is it justified to report his death or postpone the timing for a while, it is not. It is a crime that has concealed the body, and in addition, the court has been deceived. It seems that it is necessary to consider whether this could be a lawsuit fraud because it was a fake document and deceived the court when filing for divorce.
[Anchor]
But my son turned himself in on the 1st. Why did he turn himself in to the police at this point?
[Jimin Yang]
There seems to be a possibility that he didn't turn himself in by his real intention. Because there was virtually no survival response, my father lost contact for more than a year and suddenly lost contact with acquaintances and relatives, so he was reported missing. Then you will actually find out your father's whereabouts, and of course, you will come to your son, who can be considered the only one, and the investigative agency will investigate and ask, so there is a possibility that he turned himself in because he was afraid of it.
[Anchor]
He told me that he thought he would have turned himself in because he was under psychological pressure. The latest incident was also a shocking incident when it was revealed that the body had been stored in a refrigerator for years after killing two infants, so let's sort out the situation at the time.
[Jimin Yang]
At that time, the murder of an infant in Suwon refrigerator was well known. This woman gave birth to a child in November 2018 and kills her. And I've kept the body in the refrigerator. A year later, she will give birth again in November 2019. This child also killed and kept the bodies of two children in the refrigerator, but when it was discovered, the biological mother killed two children and kept the bodies. It was known as a very bizarre incident. There was a statement that he made this judgment because he was suffering from difficulties in living with three children already.
[Anchor]
The Supreme Court upheld an eight-year prison sentence for her biological mother?
[Jimin Yang]
That's right. In both the first and second trials, he was sentenced to eight years in prison. This is confirmed as it is. In the case of the real mother, she insisted on mental and physical weakness at the time. I argued that it was a very unstable situation after giving birth to a child and that it was because I was in a bad financial situation. This was not accepted at all by the court. So at that time, my mother said that she should have applied the crime of infanticide, but it was also not accepted. The murder charge was applied as it was, and he was sentenced to eight years in prison.
[Anchor]
So the degree of punishment is different between murder and infanticide, right?
[Jimin Yang]
That's right. In the case of infanticide, it is said that imprisonment is less than 10 years. In the case of general murder, the death penalty, life imprisonment, or more than five years. That's why the sentence difference is very large. However, the crime of infanticide has now been abolished. At the time of this crime, it was a living law, so whether it actually applied or not was an issue. In the court's view, infanticide is an accidental occurrence when a woman is psychologically unstable immediately after giving birth. The main thing was that these accidental murders could not be done twice a year apart. And I saw that the fact that this body was kept and dragged itself was very planned, not accidental.
[Anchor]
The case became known in May as the so-called shadow baby, which had a birth record but was not registered, became known as a problem. But I heard there are still blind spots.
[Jimin Yang]
That's right. Many people were shocked by this incident. So, it is actually being implemented because a birth protection system or a birth notification system should be implemented. But doing fertility protection, that is, helping me to give birth even if I can't raise it without revealing my identity. The question is whether to send this child to a foster home after that or provide financial support for the original parents to raise them, even if they give birth like this, it doesn't end after giving birth because these are very insufficient institutionalization. That is why there are criticisms that although the first step toward the introduction of the birth protection system was slow, more follow-up measures should be prepared after that.
[Anchor]
So far, I've pointed out major issues with lawyer Yang Ji-min. Thank you for today.
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