Court: "Donation Act Restriction Applies"
Kim Ki-sik: "Regret Guilty Verdict... Will Appeal"
[Asia Economy Reporter Yoo Byung-don] Former Financial Supervisory Service Chief Kim Ki-sik, who received a suspended sentence in the first trial for allegedly 'self-donating' 50 million won to an organization he belonged to during his time as a member of the National Assembly, was also found guilty in the second trial.
The Seoul Southern District Court Criminal Appeal Division 1 (Presiding Judge Byun Sung-hwan) on the 24th overturned the first trial's ruling that sentenced former Chief Kim to six months in prison with a one-year suspension for violating the Public Official Election Act, and instead sentenced him to a fine of 2 million won.
The court stated the sentencing rationale, saying, "The amount of the defendant's donation cannot be regarded as 'paying membership fees within the previous scope' as stipulated by the Public Official Election Act," and "Regardless of the necessity of the donation to the organization, it falls under the donation restriction provisions stipulated by the Public Official Election Act."
It further ruled, "Spending 50 million won on an organization composed only of members of his affiliated party just before the expiration of his term as a member of the National Assembly cannot be evaluated as for the 'purpose of political activities' as defined by the Political Funds Act."
However, the court explained the reason for reducing the sentence, stating, "Considering the circumstances of this case, there is a possibility that the defendant donated under negligence regarding the Political Funds Act," and "Also, considering it is difficult to conclude that the donation was made for private gain, the original sentence was too harsh."
Former Chief Kim was indicted for donating 50 million won from political contributions on May 19, 2016, shortly before the end of his 19th National Assembly term, to the Democratic Party of Korea members' group 'The Better Future,' to which he belonged, under the name of a research fund.
After the verdict, former Chief Kim said, "I think it is fortunate that the unfair parts of the sentencing were corrected," but added, "It is regrettable that guilt was acknowledged even with a fine. I will immediately appeal to the Supreme Court."
He added, "I do not believe that the act of contributing to the policy research fund violated the purpose of political funds," and "I seek the Supreme Court's judgment that aligns with the legislative intent of the Political Funds Act, not just a formal legal logic."
Former Chief Kim was appointed as the Financial Supervisory Service chief in March 2018. However, immediately after his appointment, the Central Election Commission concluded that the 'self-donation' was illegal, and allegations of overseas trips supported by supervised institutions surfaced, leading to his resignation within two weeks.
Previously, the prosecution viewed the 'self-donation' as a violation of the Public Official Election Act and filed a summary indictment with a fine of 3 million won, but the court decided that a detailed trial was necessary and referred the case to a formal trial.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
