Seoul Mayor Oh Se-hoon, who was indicted on charges of receiving polling results from political broker Myung Tae-kyun and having a supporter cover the costs, answers reporters' questions as he leaves the courtroom at Seoul Central District Court in Seocho-gu on Wednesday after the sentencing hearing. [Yonhap]
Seoul Mayor Oh Se-hoon, who was indicted on charges of receiving polling results from political broker Myung Tae-kyun and having a supporter cover the costs, answers reporters' questions as he leaves the courtroom at Seoul Central District Court in Seocho-gu on Wednesday after the sentencing hearing. [Yonhap]

A Seoul court on Wednesday fined Seoul Mayor Oh Se-hoon 10 million won ($6,780) in a first-instance ruling in a case in which he was indicted on charges of receiving polling results from political broker Myung Tae-kyun ahead of the 2021 Seoul mayoral by-election and having a supporter cover the costs. If the conviction and sentence are upheld on final appeal, Oh will lose his mayoral post — an office he assumed this month after winning election last month.

The 22nd Criminal Division of Seoul Central District Court, presided over by Judge Jo Hyeong-woo, sentenced Oh on charges of violating the Political Funds Act, imposing a fine of 10 million won and ordering the forfeiture of 21 million won. Co-defendants Kang Cheol-won, a former political affairs vice mayor of Seoul, and businessman Kim Han-jeong received fines of 3 million won and 5 million won, respectively.

The court found it "highly likely" that Oh had commissioned the polls from Myung, adding that it was "natural to conclude" that Oh had asked Kim Han-jeong to cover the polling costs and that Kim had done so.

In its reasoning, the court noted that Oh had contacted Myung first and received briefings on election strategy and polling around January 2021. It also noted that when the results of the paid-for polls came back unfavorable, Oh's side lodged complaints and delayed the release date to minimize the impact.

The court added that "given the circumstances at the time, Oh appears to have had a motive to commission the polls," and that Myung's side had discussed ways to manage the situation when the results did not come out in Oh's favor.

Taking these factors into account, the court determined that Oh's side had commissioned a total of five polls from Myung — three for internal use only and two intended for public release.

On sentencing, the court said Oh had "committed the offense despite being well aware of the legislative intent, having served as a lawmaker and mayor," and that "a sentence stripping him of eligibility for public office was unavoidable."

The court further said Oh had "consistently sought to evade responsibility throughout the trial by advancing various arguments and claims that are difficult to accept." It added that the purpose of the punishment was "to promote the healthy development of democratic politics by excluding the political influence of money in accordance with the principle of equal opportunity under the one-person, one-vote system."

However, the court noted that "the offense took place over a relatively short period of about one month" and that Oh did not appear to have maintained direct contact or a relationship with Myung afterward. It also said it was "difficult to conclude that Oh went beyond expecting favorable poll results to be released and actively directed or took steps to manipulate public opinion."

Oh was indicted on charges of commissioning 10 polls from Myung during the 2021 Seoul mayoral by-election and having Kim Han-jeong, identified as a supporter, cover 33 million won in costs.

Immediately after the court handed down the sentence — which qualifies as one that would void his election — Oh said he "cannot accept the first-instance ruling" and would "contest it in the appellate court."

Under the law, a final fine of 1 million won or more would cost Oh his mayoral post. With the Kim Keon Hee special prosecutor team, led by Special Prosecutor Min Joong-ki, and Oh's side in sharp conflict, the case is expected to be settled only after the Supreme Court issues its final ruling.

Under the "6-3-3" provision of the Kim Keon Hee Special Prosecutor Act — requiring a first-instance ruling within six months and second- and third-instance rulings within three months each — the Supreme Court would need to issue a final decision around January next year if either Oh or the special prosecutor seeks a higher-court review. The final ruling is expected at the earliest by the end of this year and at the latest by early next year.


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