The sentence given to a former security agent was increased in a second ruling yesterday in a case over leaks of President William Lai’s (賴清德) confidential itinerary, while a businessman who received the data had his initial acquittal overturned.
The Tainan District Prosecutors’ Office had indicted Tsao Keng-chih (曹耿誌), a former National Security Bureau agent, on charges including leaking state secrets and unlawful disclosure of confidential information by a public official and restaurant owner Kuo Yu-ting (郭毓庭) on criminal intent in receiving the data.
In June last year, the Tainan District Court ruled that the bureau had not classified Lai’s itinerary as a state secret.
Photo: Wang Chun-chung, Taipei Times
It found Tsao guilty of illegally using personal data by abusing his position as a public official and sentenced him to six months in prison, not commutable to a fine, and fined him NT$200,000, while Kuo was acquitted.
However, the Tainan branch of the High Court yesterday ruled that the first-instance ruling failed to address that Tsao had illegally collected and processed personal data, and that Kuo shared criminal intent and responsibility, making him a joint principal offender.
Tsao’s actions damaged the president’s right to privacy and safety, as well as endangering national security, it said, adding that the initial trial failed to thoroughly examine the evidence presented against Kuo.
It increased Tsao’s sentence to eight months and the fine to NT$250,000, while Kuo was sentenced to 10 months and fined NT$300,000.
The two defendants became acquainted in 2023 while Tsao was a special agent to former Taipei mayor Ko Wen-je (柯文哲) during Ko’s presidential campaign, prosecutors said.
Ko’s campaign borrowed Kuo’s venue for an event in Kaohsiung, they said.
When Lai took office on May 20, 2024, Tsao was reassigned to guard his presidential residence.
Kuo, seeking information on the future election strategies of Lai’s Democratic Progressive Party to help with arrangements in the next Kaohsiung mayoral race, asked Tsao to provide Lai’s daily itinerary, details of who he was meeting, as well as written material from the Presidential Office, prosecutors said.
In other news, the Taipei District Court rejected a request by prosecutors to detain a man who allegedly attempted to enter the Presidential Office compound in Taipei with a knife on Monday.
Prosecutors filed a motion to detain the man, surnamed Lee (李), on suspicion of making threats that endangered public safety, citing strong suspicion of criminal wrongdoing and the risk he could commit similar actions.
However, the Taipei court yesterday ordered Lee to be released without bail, ruling that there was no legal basis for detention and asking prosecutors to consider temporary placement for a mental health evaluation, citing the concerns of his family.
The incident occurred at about 2:50am on Monday.
Lee traveled by taxi from Keelung and brandished a knife in front of the Presidential Office, shouting: “God told me to kill the communists.”
Police rushed to the scene after being alerted by military police and officers from both agencies arrested Lee.
No one was injured in the incident, police said.
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