Former National Education Commission Chair Lee Bae-yong Says Special Counsel’s Jurisdiction Is Questionable in ‘Golden Turtle Evidence Destruction’ Case, Seeks Dismissal of Indictment

[Financial News] Former National Education Commission Chair Lee Bae-yong, who received a suspended prison sentence at trial for allegedly ordering the destruction of evidence related to gifts given to Kim Keon Hee, requested an acquittal or dismissal of the indictment during her appeal. Lee denied all charges, arguing that the Golden Turtle and other disputed items were merely ceremonial gifts and therefore could not be subject to a special counsel investigation.
According to legal sources on the 9th, the Seoul High Court’s Criminal Division 15-3, composed of Presiding Judge Sung Eon-ju and Judges Won Ik-seon and Lee Hee-jun, held the final hearing in Lee’s appeal against her conviction for inducing the destruction of evidence.
Lee’s legal team argued, "The warrant issued at the time of the search and seizure contained no provision related to evidence destruction," adding, "Materials obtained for a separate bribery investigation were used in the evidence-destruction investigation."
In her final statement, Lee appealed, "When President Yoon Suk Yeol was elected, I sent a Golden Turtle as a congratulatory gesture symbolizing a wish for good fortune," adding, "It was simply a gift given as part of a traditional ceremony. I never asked for a high-ranking appointment, and I had no reason to request the destruction of evidence."
The Special Counsel Min Joung-kie team asked the court to dismiss Lee Bae-yong’s appeal. It effectively sought the same sentence imposed at trial: 10 months in prison, suspended for two years.
Lee was investigated by the special counsel’s team last year over allegations that she gave Kim Keon Hee a Golden Turtle worth approximately 2.65 million won in April 2022, along with a request for Kim’s help in securing Lee’s appointment as chair of the National Education Commission. Lee was later indicted for allegedly instructing an aide, identified by the surname Park, to delete material related to Kim Keon Hee from a mobile phone.
However, a separate violation of the Improper Solicitation and Graft Act was not charged because the Golden Turtle was given before Yoon Suk Yeol took office. The court determined that the recipient of money or valuables must be a public official or the spouse of a public official, while Yoon Suk Yeol and Kim Keon Hee were still private citizens before taking office when the gift was delivered.
Kim Keon Hee, however, was charged with receiving a Golden Turtle from Lee Bae-yong in exchange for influence over an appointment under the Act on the Aggravated Punishment of Specific Crimes. The offense of receiving money for influence peddling can apply even when the recipient is not a public official or the spouse of one.
[email protected] Lee Chang-hoon Reporter