First-instance verdict handed down on Anti-Graft Law charges; court finds no evidence Kim conspired with spouse

People Power Party lawmaker Kim Ki-hwan, indicted on charges of giving a luxury bag to first lady Kim Keon Hee in exchange for support in a party leadership election, arrives at Seoul Central District Court on Friday for the first-instance sentencing hearing. [Yonhap]
People Power Party lawmaker Kim Ki-hwan, indicted on charges of giving a luxury bag to first lady Kim Keon Hee in exchange for support in a party leadership election, arrives at Seoul Central District Court on Friday for the first-instance sentencing hearing. [Yonhap]

People Power Party lawmaker Kim Ki-hwan was acquitted Friday in a first-instance ruling on charges that Kim gave first lady Kim Keon Hee a luxury handbag in exchange for support in a party leadership election. The court found objective evidence insufficient, though it acknowledged suspicious circumstances surrounding the bag's delivery. Kim's spouse was convicted and fined.

Seoul Central District Court's Criminal Division 22 acquitted Kim of violating the Anti-Graft Law. Kim's spouse, tried alongside the lawmaker, was found guilty and fined 5 million won ($3,740). The special prosecutor's team led by Special Prosecutor Min Joong-ki had sought a one-year prison term for Kim and a six-month term for the spouse at closing arguments last month.

The court rejected four arguments raised by Kim's defense: that the case fell outside the special prosecutor team's investigative jurisdiction, that the charges were not sufficiently specified, that the seized Roger Vivier clutch bag had been collected unlawfully, and that the gift was a simple social courtesy unrelated to any official duty.

However, the court accepted the defense's argument that Kim had not conspired in or participated in the spouse's conduct, and acquitted the lawmaker on that basis.

The court said there were circumstances giving rise to suspicion that Kim had conspired in or participated in the delivery of the clutch bag. It noted that the purchase was charged to Kim's salary account, that Kim had a motive to show gratitude immediately after winning the party leadership election, and that Kim and the spouse, as a married couple, may have discussed the matter together.

Even so, the court accepted the defense's position, saying there was "no objective evidence to directly establish the fact of conspiracy."

The court said Kim's salary account appeared to have been used exclusively by the spouse, and that Kim earned income from building rental fees and political donations in addition to a lawmaker's salary, meaning the account activity alone could not be taken as proof of conspiracy.

The court added that it was "most concerned" about the possibility that the defendants, as a married couple, had discussed the method and plan for delivering the clutch bag together. It said, however, that "in the absence of objective evidence, it is difficult under criminal procedure law to conclude that someone participated in a crime solely on the basis of being a spouse."

The court further noted that the spouse had assisted Kim's political activities, including delivering speeches at People Power Party events in Kim's place and speaking at gatherings of lawmakers' spouses.

In explaining the sentence imposed on the spouse, the court said the offense was not minor, as the spouse had given a luxury bag to the president's spouse to repay the president for help in the party leadership election. It also noted that the spouse had sought to evade responsibility by insisting the gift was legitimate.

Kim and the spouse were accused of giving first lady Kim Keon Hee a Roger Vivier clutch bag valued at around 2.67 million won in March 2023. The special prosecutor's team concluded the bag was delivered in return for assistance Kim had received in the People Power Party leadership election.


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