Political funds law violation charges

1st trial: 2 years in prison → 2nd trial: not guilty

'No evidence of mutual agreement'

Former President Yoon Suk Yeol waves to supporters as he steps out of a vehicle in front of his Hannam-dong residence in Seoul last year. At right, young people who climbed over the fence of the Seoul Western District Court to demand Yoon's release are detained by police. [Yonhap-Joint Press Corps]
Former President Yoon Suk Yeol waves to supporters as he steps out of a vehicle in front of his Hannam-dong residence in Seoul last year. At right, young people who climbed over the fence of the Seoul Western District Court to demand Yoon's release are detained by police. [Yonhap-Joint Press Corps]

Former President Yoon Suk Yeol, who was sentenced to two years in prison at trial on charges of receiving free polling services from political broker Myung Tae-kyun, was acquitted Wednesday on appeal.

The Seoul High Court's Criminal Division 7, presided over by Judge Gu Hoe-geun, overturned the lower court's ruling at the appellate hearing Wednesday. Myung, who was indicted alongside Yoon and sentenced to one year and six months in prison at trial, was also acquitted on appeal.

The appellate court said Myung's polling services "were merely a means of political advice to former President Yoon and his wife, not a financial benefit," adding that "there was no prior request or mutual agreement regarding the conduct of the surveys or their free provision."

The court further found that "what former President Yoon and his wife received from Myung appears to be general assistance in preparing for the presidential election, including political advice on public opinion trends," and that "Myung's personal motivation to build ties with an influential politician to expand his own influence appears to have played a significant role."

The court also noted that "there is no evidence of a mutual agreement between former President Yoon and his wife and Myung regarding the conduct and free provision of the polls," and that "the surveys were conducted at Myung's own discretion, with only some of the results passed on to the former president and his wife."

Taking these circumstances into account, the court concluded that "the political advice Myung provided to former President Yoon and his wife is distinct from the polling results themselves," and that it "cannot be regarded as a donation, as it is not something to be converted into a financial benefit."

Yoon had been accused of conspiring with first lady Kim Keon Hee to receive a total of 58 polls from Myung free of charge between June 2021 and March of the following year, at a combined value of 270 million won ($201,000).

The trial court had sentenced Yoon to two years in prison and Myung to one year and six months.

The trial court found a tacit agreement among Yoon, his wife and Myung over the provision of customized polling and ruled that illegal political funds had been received. However, it found that only 14 of the 58 alleged instances of free polling had actually been delivered, acquitting on the remaining 44 on the grounds that they could not be confirmed to fall within the scope of the agreement.

Kim Keon Hee had previously been acquitted on the same charges at both the trial and appellate levels. That court found that Myung had unilaterally provided the polls without any prior request or consultation, acting to expand his own political influence. The case is currently before the Supreme Court's en banc panel.

Immediately after Wednesday's acquittal, Yoon's legal team said the ruling "reaffirmed the criminal justice principle that politically charged cases must be judged all the more strictly on the basis of evidence and legal reasoning."

Meanwhile, Seoul Mayor Oh Se-hoon is also on trial on charges of having the cost of polls conducted by Myung paid on his behalf. The trial court found him guilty and imposed a fine of 10 million won.

The trial court said it was "highly likely" that Oh had commissioned the polls from Myung, noting that Oh had reached out to Myung first to receive briefings on election strategy and polling. It also found that when results came back unfavorable, Oh had lodged complaints and delayed the release date to minimize their impact.

The appellate proceedings are ongoing. The special prosecutor has requested a sentence of one year and six months in prison and a forfeiture of 33 million won. The appellate sentencing hearing is scheduled for 2 p.m. on Oct. 23.


notstrong@heraldcorp.com