Woojin Hyun Acquitted at First Trial in CSAT Question Trading Case... "A Private Transaction"

[Financial News] Woojin Hyun, a top CSAT instructor accused of improperly trading mock exam questions and other materials with current teachers, was acquitted at his first trial.
Judge Lee Jae-wook of the Criminal Division 10, single-judge panel at the Seoul Central District Court, acquitted Hyun, two current teachers, and an employee identified as A on charges of violating the Improper Solicitation and Graft Act on the 26th. Prosecutors had sought a one-year prison term for Hyun.
Hyun did not appear in court that day after submitting a written excuse for his absence.
The court accepted the defense argument from Hyun and the teachers that they had only exchanged fair payment under a question-trading contract.
Article 8, Paragraph 3, Item 3 of the Improper Solicitation and Graft Act stipulates that money or valuables provided under legitimate authority, such as the performance of a debt arising from a private transaction, do not fall under the category of prohibited gifts.
The court found that the money Hyun paid the teachers was not a bribe, but compensation under an agreement to buy and sell questions.
The court noted, "Even if the arrangement took the form of a private transaction, if a public official received money or valuables that far exceeded the return benefit, it would amount to a disguised debt payment and therefore a prohibited transfer. However, Hyun and the others also received questions from private companies, and the amounts they paid to those companies were at a similar level."
It added, "If an equivalent payment was made, it is not justified to punish a public official merely because the act may raise doubts about the fairness of official duties. The law is the minimum standard of morality, and criminal punishment is the last resort for resolving problems."
Prosecutors also argued that the teachers who sold questions to Hyun violated the State Public Officials Act's ban on holding multiple positions, but the court explained, "When determining Article 8, Paragraph 3, Item 3 of the Improper Solicitation and Graft Act, the legality of the private transaction itself is not considered."
Hyun was accused of conspiring with A to pay a total of 346 million won to two current math teachers from March 2020 to May 2023 in exchange for receiving math exam questions. He was also accused of transferring 75 million won under the name of another teacher's spouse.
[email protected] Jung Kyung-soo Reporter