Sitting Judge Violating Kim Young-ran Act Receives Reduced Fine in Second Trial... 30 Million to 20 Million Won

[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A sitting judge of the Daejeon District Court who received money for giving legal advice to an acquaintance was given a reduced sentence in the appellate trial.

The 1st Criminal Division of the Gwangju District Court (Presiding Judge Kim Jae-geun) on the 27th overturned the original verdict in the appellate trial of Chief Judge A (57) of the Daejeon District Court, who was charged with violating the Act on the Prohibition of Improper Solicitation and Graft (Kim Young-ran Act), and sentenced him to a fine of 20 million won, maintaining the original order of a 10 million won confiscation.

The first trial had imposed a fine of 30 million won.

Judge A was indicted on charges of giving legal advice to an acquaintance B twice in July and September 2017 at a restaurant run by his wife and receiving a total of 10 million won.

The Kim Young-ran Act prohibits public officials from receiving money or valuables exceeding 1 million won per occasion or 3 million won per year from one person, regardless of their duties.

The court stated, "For judges who regard fairness as their foremost value, the defendant’s improper conduct that betrayed that trust has resulted in undermining the trust in the entire judiciary, causing considerable repercussions."

However, the court explained, "There is no evidence that the defendant went beyond the stage of legal advice to any further acts. Although he initially denied the crime during the investigation, he later acknowledged all charges from the prosecution investigation stage and showed a remorseful attitude."

Furthermore, "Considering the circumstances of this case, it is understandable that he reluctantly gave legal advice at the request of an acquaintance he had known for a long time, making it a mitigating factor."

The court also stated the sentencing reason, "The defendant’s health condition has deteriorated, causing severe mental distress, and his attorney appeals that due to difficult financial circumstances, he has been unable to continue proper treatment."

Meanwhile, Judge A was also disciplined by the Supreme Court Judicial Disciplinary Committee on October 22 last year, receiving a six-month suspension and a disciplinary fine of 10 million won. Under the Judicial Disciplinary Act, disciplinary measures are divided into reprimand, salary reduction, and suspension, with suspension lasting from three months to one year.

It is known that he was recommended as a candidate for the chief judge of the Gwangju District Court early last year but voluntarily withdrew.