Mother Who Sold Newborn to Another Couple for Money... Reason for Acquittal on Child Trafficking Charges

"It is difficult to see it as the price for handing over the baby," the ruling states.

A woman in her 40s who handed over her newborn to another couple immediately after birth and received 1 million won was acquitted.

"The 1 million won received after childbirth was a moral gesture... difficult to view as a sale" Not guilty verdict

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On the 2nd, Yonhap News reported that Judge Kim Tae-eop of the Incheon District Court Criminal Division 1 acquitted A (45) and the couple B, who were charged with child trafficking under the Child Welfare Act. However, the couple B, who were also charged with falsifying and reporting false birth records of A's daughter (falsification of official documents), were each sentenced to 4 months in prison with a 1-year probation.

Judge Kim stated, "Considering various testimonies, it does not appear that A demanded payment in advance for handing over the newborn," and "The 1 million won transferred to A’s account several days after discharge was much less than the amount subtly requested by A’s mother to couple B and was only enough to help with hospital expenses." He added, "The act of couple B giving 1 million won was a moral gesture to express gratitude to A, who gave them the opportunity to raise the child, and to help with hospital bills. Although the defendants did not follow the proper adoption procedures, it is difficult to see this as a transaction involving payment for the child."

A, who found it difficult to raise the child due to circumstances, and B, who had difficulty adopting... handed over the daughter after birth

Earlier, in October 2016, A, who was about to give birth, posted on an internet portal bulletin board expressing her intention to put her newborn up for adoption elsewhere because she was unable to raise the baby. B, a woman in her 50s who had been struggling with infertility, and her husband saw A’s post and left comments. After exchanging contacts, they met at a coffee shop. A confided in the couple that she had three other children and, due to circumstances, could not register the newborn’s birth. Hearing this, couple B said, "Adoption is difficult due to complicated procedures," and promised, "If you give birth and send the baby, we will raise her well."

The next day around lunchtime, A gave birth at an obstetrics hospital. Two days later, upon discharge, she handed over her newborn daughter to couple B, and a few days later, couple B transferred 1 million won to her account, saying it was for postpartum care.

Probation for falsely registering birth as home birth using a witness based on acquaintance’s advice

After bringing A’s daughter home, couple B followed advice from an acquaintance who said, "If you present a fake witness and claim the baby was born at home, you can register the birth." In fact, A’s daughter was registered as the biological child of couple B and reportedly even enrolled in elementary school under their name.

Last year, the police investigated A and couple B on charges of child trafficking seven years after the incident and sent the case to the prosecution. The circumstances under which the police began the investigation were not disclosed. During police questioning, A claimed, "I did not ask for money first," and "(A few days after giving birth) couple B sent 1 million won to my account, saying it was for postpartum care."

B also testified, "I visited A the morning before the birth after she contacted me, but her mother said, 'Some places pay 5 million won, some 10 million won,' so I considered giving up and left. Later, A contacted me again saying, 'Sister, can you just come?' so I went to pick up the baby."

However, the prosecution judged that A first demanded payment from couple B, saying, "The hospital bills might be insufficient, can you help?" and indicted her. Couple B, who received the newborn from A after paying 1 million won, were also prosecuted. However, the court ruled that the 1 million won exchanged between A and couple B did not constitute payment and acquitted them of child trafficking charges.