The former head of the Seoul Metropolitan Taekwondo Association was sentenced to prison on appeal after being convicted of orchestrating a fraudulent belt promotion test so his son-in-law — who had never trained in taekwondo — could operate in the sport.
According to legal sources Wednesday, the Seoul Central District Court's Criminal Appeals Division 5-3, presided over by judges Kim Ji-seon, So Byeong-jin and Kim Yong-jung, overturned the acquittal from the first trial and sentenced the former association president, identified only by his surname Im, to eight months in prison.
A former vice president identified as A, who took part in the scheme alongside Im, also had his acquittal reversed and received four months suspended for two years. Another former vice president, identified as B, and Im's son-in-law received the same sentences as at trial — six months suspended for two years and a fine of 5 million won ($3,500), respectively.
Im was indicted on charges of obstruction of business. Prosecutors alleged he conspired with the two former vice presidents in March 2011 to have his son-in-law fraudulently obtain a first-degree taekwondo belt through a rigged promotion test, despite the son-in-law having no prior taekwondo training.
The trial court acquitted Im, finding insufficient evidence that he had directly ordered the former vice presidents to conduct the fraudulent test or that he had participated in the scheme. However, it found B guilty of staging the poomsae practical examination after telling the son-in-law to "just do as he was told," sentencing B to six months suspended for two years and the son-in-law to a fine of 5 million won.
The appeals court found Im and A guilty, citing among other factors a change in B's testimony. On appeal, B testified that the fraudulent promotion test had been carried out on Im's orders and that he had given false testimony at trial after Im persuaded him to do so.
"Even if B had a motive to reduce his own liability, it is difficult to regard his testimony as false given the circumstances of the investigation and the fact that there was no reason for him to have led the fraudulent test for the son-in-law," the court said.
The sentences for the remaining defendants were largely upheld from the trial court's ruling.
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