Political funds law violation charges

1st trial: guilty, 10 million won fine → 2nd trial: not guilty

Appeals court: Myung Tae-kyun's testimony lacks credibility

Oh tearfully says he is 'truly grateful'

Seoul Mayor Oh Se-hoon arrives at Seoul High Court in Seocho-gu on Friday, the day of the appellate ruling in the case over alleged payment of polling costs — a verdict that could have cost him his mayoral seat. [Yonhap]
Seoul Mayor Oh Se-hoon arrives at Seoul High Court in Seocho-gu on Friday, the day of the appellate ruling in the case over alleged payment of polling costs — a verdict that could have cost him his mayoral seat. [Yonhap]

Seoul Mayor Oh Se-hoon was acquitted Friday by an appeals court on charges that he received polling data from political broker Myung Tae-kyun ahead of the 2021 Seoul mayoral by-election and had a supporter cover the costs. The ruling reversed a first-instance verdict that had imposed a 10 million won ($7,550) fine — a penalty that would have stripped him of his post.

Seoul High Court's Criminal Division 7, presided over by Judge Gu Hoe-geun, handed down the not-guilty verdict Friday afternoon. The first trial had found Oh guilty and sentenced him to the 10 million won fine, but the appeals court overturned that ruling. Kang Cheol-won, a former senior political affairs deputy mayor of Seoul, and Kim Han-jeong, identified as Oh's supporter, were also both acquitted.

Unlike the first trial, the appeals court found Myung's testimony too unreliable to accept.

"It is difficult to give credibility to the testimony of Myung Tae-kyun, the sole piece of evidence," the court said, adding that "proof of the criminal facts is insufficient."

The court elaborated, saying Myung "at times claimed not to remember details unfavorable to himself before investigators, or reinterpreted his earlier statements in a direction favorable to him," and that "there are also parts that conflict with objectively established circumstances."

The court further noted that Myung "appears to have felt aggrieved after Mayor Oh won the by-election, believing his contribution had gone unrecognized," and that "his statements became more specific in line with evidence presented by investigators" — factors the court said weighed against his credibility.

The appeals court acknowledged that "it is not without suspicion of guilt," noting that objective evidence confirmed polling results had been shared in part with Oh's campaign and that Kim had paid Myung for the polling costs.

However, the court drew a line, saying it "cannot trust the testimony of Myung, the only evidence, and the remaining evidence has not been confirmed," adding that "evidence supporting the opposite conclusion continues to emerge."

The court said it suspected Myung had conducted the polls "not at Mayor Oh's request, but rather to flaunt his own political influence and consolidate his political standing," and ruled accordingly.

Oh had been accused of commissioning 10 rounds of polling from Myung during the 2021 Seoul mayoral by-election campaign and having Kim, his supporter, pay the 33 million won cost on his behalf.

The first trial, in July, sentenced Oh to a 10 million won fine and a forfeiture of 21 million won, finding five of the 10 polls to have been commissioned unlawfully.

At the time, the first trial found it "highly probable that Mayor Oh commissioned the polls from Myung Tae-kyun," and said it was "natural to conclude that Oh asked Kim Han-jeong to cover the polling costs and that Kim did so."

The court cited as reasons that "Oh had reached out to Myung first and received briefings on election strategy and polling around January 2021," and that "when results from the polls whose costs were covered came out unfavorably, Oh's side protested and delayed the release date to minimize the impact."

The first trial also noted that "given the circumstances at the time, Oh appears to have had a motive to commission the polls," and that "Myung's side even discussed ways to manage the situation when the polling results did not come out favorably for Oh."

With the first and second trials reaching opposite conclusions, and the special prosecutor team under the Kim Keon Hee special counsel — led by Special Prosecutor Min Joong-ki — and Oh's side in sharp conflict, the case is expected to be settled only when the Supreme Court issues its final ruling.

If a fine of 1 million won or more is confirmed by the courts, Oh would by law lose his mayoral post and be barred from public office for five years after the sentence takes effect. The outcome of Oh's case could therefore also affect the landscape of the next presidential election.

Under the "6-3-3" provision of the Kim Keon Hee Special Prosecutor Act — requiring a first-trial verdict within six months and appellate rulings within three months each — the Supreme Court would need to issue its final ruling around January next year if the special prosecutor seeks a higher-court review.

Speaking after the verdict Friday, Oh said he was "truly sorry and apologetic for showing the public scenes of appearing before prosecutors and courts," adding that he would "conduct himself perfectly going forward."

He went on to say, "I was on trial when the election was held, and I sincerely thank the citizens of Seoul who believed in my innocence and cast their votes so that Oh Se-hoon could serve again as mayor." His voice breaking, he added: "Throughout the trial, even as I was under suspicion, there were many people across the country who never withdrew their trust and who encouraged me with courage and hope. Thanks to them, I was able to hold on, keep working and face the trial." He then said, his voice tearful, "I am truly grateful."


notstrong@heraldcorp.com