The Supreme Court yesterday rejected an appeal by former air force major Shih Chun-cheng (史濬程) who was convicted of spying for China, finalizing his sentence at two years and two months for contravening the National Security Act (國家安全法).
However, another 10-month sentence for an additional charge was remanded to the Taichung branch of the High Court for retrial, the Supreme Court said.
Prosecutors have been notified, as Shih is considered a flight risk.
Photo: Tu Chien-jung, Taipei Times
Shih was recruited by Chinese Communist Party (CCP) intelligence officers after he was discharged in 2008, and appointed as a supervisor at a company, where he established an espionage network to access military secrets, court documents said.
Shih approached then-air force air intercept controller Hsu Chan-cheng (許展誠) in 2021, claiming to have connections to the US military, and persuaded him to leak classified files in exchange for payment, which Shih delivered to his contacts in China.
Information leaked from 2021 to August last year included the air force’s applications of Hsiung Feng III anti-ship missiles and deployments in response to Chinese military incursions into Taiwan’s air defense identification zone.
In March, Minister of National Defense Wellington Koo (顧立雄) said the leaked data concerning the Hsiung Feng III missiles predated their development and was “not combat-related.”
Shih received “company dividends” in compensation worth more than NT$2.1 million (US$68,841), of which he transferred NT$200,000 to Hsu, the investigation found.
In August last year, the Taichung branch of the High Prosecutors’ Office launched a search operation, raiding Shih’s residence, and indicting him and Hsu for contravening the National Security Act, the Classified National Security Information Protection Act (國家機密保護法施行細則) and the Anti-Corruption Act (貪汙治罪條例) in December.
Prosecutors requested that the pair be held incommunicado, which the court granted.
Shih and Hsu confessed during questioning, and were indicted under the Anti-Corruption Act and the National Security Act.
The case was transferred to the Taichung branch of the High Court.
Shih was later released on bail of NT$100,000, while Hsu remained in detention.
In March, the Taichung High Court ruled that Shih had breached two counts of the National Security Act, sentencing him to 10 months, and two years and two months imprisonment respectively, ruling that he is to serve a combined sentence of two years and six months.
Shih’s illicit gains were confiscated.
Both prosecutors and Shih appealed the ruling, with the Supreme Court yesterday partially rejecting the appeals, finalizing the two-year, two-month sentence and remanding the 10-month sentence for retrial.
The charges against Hsu have been transferred to the Taichung District Court due to jurisdiction issues.
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