Former Defense Intelligence Commander Sang-ho Moon Acquitted in First Trial of Leaking Military Secrets... "No Intent to Leak"

[Financial News] Sang-ho Moon, the former commander of the Defense Intelligence Command, was acquitted in his first trial on charges of leaking military mission-related instructions he had reported to former Defense Minister Kim Yong-hyun to former Defense Intelligence Commander Roh Sang-won.
The Seoul Central District Court's Criminal Division 26 acquitted Moon, who had been indicted on charges of disclosing military secrets, on the 11th.
On the morning of December 2, 2024, the day before the December 3 emergency martial law declaration, Moon briefed former Minister Kim at the Ministry of National Defense on matters including the Defense Intelligence Command's status. After being instructed to "prepare well for the mission," Moon allegedly disclosed the briefing and the minister's instructions during a phone call with former Commander Roh that afternoon, thereby leaking military secrets.
Regarding the recording from the dashcam's SD card in former Commander Roh's vehicle, which was the key evidence in the trial, the court recognized its admissibility, finding that the custodian had voluntarily submitted it and that the seized party's right to participate had been guaranteed. However, it accepted the defense's arguments that the statements themselves did not constitute military secrets and that there was no intent to leak them, and found Moon not guilty.
The court stated, "The defendant's remarks were limited to statements such as 'special forces, missions and equipment' and 'He asked me to brief him, so I briefed him, and he told me to prepare.'" It added, "The units and equipment mentioned were part of organizational structures and equipment already known to the public. Therefore, it is difficult to conclude that the remarks alone could have caused harmful consequences for military purposes."
The court further ruled, "It cannot be concluded that former Commander Roh received information beyond what he already knew. Considering the flow of the conversation, there is insufficient evidence to find that the defendant intended to leak military secrets, beyond merely trying to convey the fact that he had briefed the minister."
Earlier, Moon had been separately indicted on charges, including leaking military secrets, for handing a list of Defense Intelligence Command personnel to Roh, who was a civilian at the time of the emergency martial law. He was sentenced to two years in prison in the first trial last June. However, in this additional case involving the contents of his briefing to former Minister Kim, the court acquitted him, rejecting both the existence of intent and the confidential nature of the information.
[email protected] Chang-hoon Lee Reporter