Sentenced to Loss of Assembly Seat... Lee "Will Appeal"
Guilty of Kim Moon-gi Golf-Related and Baekhyeon-dong Remarks
If Confirmed, Cannot Run in Next Presidential Election
Lee Jae-myung, the leader of the Democratic Party of Korea, who is accused of spreading false information under the Public Official Election Act, is attending the first trial sentencing hearing held at the Seoul Central District Court in Seocho-gu, Seoul on the 15th. Photo by Jo Yong-jun
Lee Jae-myung, leader of the Democratic Party of Korea, who was indicted for false statements under the Public Official Election Act during the last presidential election, was sentenced in the first trial to a suspended prison sentence equivalent to a loss of parliamentary membership. Previously, the prosecution had requested a two-year prison sentence for Lee.
If this ruling is upheld by the Supreme Court, Lee will be barred from running in the next presidential election scheduled for March 2027. Lee immediately announced his intention to appeal.
At the sentencing hearing for Lee's violation of the Public Official Election Act, held from 2:38 p.m. on the 15th at the Seoul Central District Court Criminal Division 34 (Presiding Judge Han Sung-jin), the court recognized as false Lee's statements that former Seongnam Urban Development Corporation Development Director Kim Moon-gi did not play golf overseas and that the Ministry of Land, Infrastructure and Transport pressured for the change of land use in Baekhyeon-dong, sentencing Lee to one year in prison with a two-year suspension.
The court stated, "Among the overseas business trip group, only Yoo Dong-gyu and Kim Moon-gi played golf outside the official schedule," and added, "It is difficult to believe that the statement denying that Kim Moon-gi played golf overseas is true."
Furthermore, the court said, "The change of land use for the Baekhyeon-dong site was a decision made independently by Seongnam City, and the defendant himself reviewed and changed it," and "The statement that the Ministry of Land, Infrastructure and Transport threatened with dereliction of duty can be considered false."
Regarding Lee's statements denying knowledge of former Director Kim, the court found guilty the part where Lee said, "I and four members of the People Power Party took photos and released them as if I played golf, but upon checking, they took part of our group photo and showed it like this. It was manipulated," judging that Lee did not play golf with Kim during the overseas trip.
However, the court acquitted Lee of the claims that he did not know Kim Moon-gi during his tenure as mayor of Seongnam and that he only came to know Kim after becoming governor and being indicted for violating the Public Official Election Act.
After the sentencing hearing, Lee said, "It is a conclusion that is difficult to accept," and declared his intention to appeal immediately.
In response to reporters' questions, Lee said, "This scene today will become a chapter in modern Korean history," and added, "There are still two more trials in the real court, and the court of public opinion and history is eternal."
He said, "I will appeal," and described the verdict as "a conclusion that is fundamentally difficult to accept." He also added, "I believe that our citizens, based on common sense and justice, can reach a sufficient conclusion."
Afterward, Lee left the Seoul Court Complex without answering further questions from reporters. It was reported that Lee canceled his schedule to attend a prosecution condemnation rally that day.
Lee was indicted for publicly announcing two false facts during the last presidential election: that he did not know the late Kim Moon-gi, former Development Director 1 of Seongnam Urban Development Corporation, during his time as mayor of Seongnam, and that the Ministry of Land, Infrastructure and Transport pressured to change the land use of Baekhyeon-dong. This first trial verdict came two years and two months after the indictment.
Regarding statements about former Director Kim, Lee claimed that he did not remember Kim, a lower-ranking official, due to the large number of staff at the time. However, after the controversy arose, it was revealed that during his tenure as mayor of Seongnam, Lee traveled overseas with Yoo Dong-gyu, former Planning Director of Seongnam Urban Development Corporation, and Kim, playing golf together, and that Lee received several direct reports from Kim. Yoo also revealed that during the overseas trip, Kim drove a two-seater cart with Lee.
Based on such evidence and testimonies, the prosecution concluded that Lee intentionally denied his relationship with Kim in a broadcast interview the day after Kim, who was in charge of the project, took an extreme step to hide Lee's involvement in the Daejang-dong corruption scandal.
Regarding the background of the Baekhyeon-dong land use change, the prosecution judged that Lee, who had campaigned on a platform of "no residential development," suddenly changed his stance and upgraded the land, which was a natural green area, to a quasi-residential area by four levels, excluding Seongnam Urban Development Corporation from the project and allowing private developer Jung Ba-ul to proceed alone, due to a request from broker Kim In-seop, a former head of Lee's campaign headquarters. Testimonies from the Ministry of Land, Infrastructure and Transport, its employees, and Seongnam City officials all contradicted Lee's claims, leading the prosecution to conclude that Lee used the nonexistent threat or pressure from the Ministry as an excuse.
In September last year, then Minister of Justice Han Dong-hoon explained the reason for requesting Lee's arrest consent at the National Assembly, stating, "Lee claims that the unprecedented four-level land use change was due to 'Ministry of Land, Infrastructure and Transport threats,' but the Ministry's December 2014 reply stating 'land use changes are at the discretion of local governments,' testimony from the Seongnam City official who directly reported the reply to Mayor Lee, and testimonies from Seongnam City, Ministry of Land, Infrastructure and Transport, and Food Research Institute officials all state that there was no such threat or atmosphere, and most related parties testify that Lee's claims are completely different from the facts, consistent with the evidence."
In general crimes, the right to run for office is lost only after a confirmed sentence of imprisonment or higher, but for violations of the Public Official Election Act, even a confirmed fine of 1 million won or more restricts candidacy rights for five years. If a fine of 1 million won or more is confirmed in this case, Lee will not only be barred from running in the next presidential election but the Democratic Party will also have to return the 43.4 billion won in election expenses reimbursed from the last election.
With Lee sentenced to a penalty resulting in loss of parliamentary membership, the Democratic Party's attacks on the prosecution and judiciary are expected to intensify, but internal confusion and division due to Lee's judicial risks seem unavoidable.
On the morning of the 15th, ahead of the first trial verdict hearing for Lee Jae-myung, leader of the Democratic Party of Korea, on charges of violating the Public Official Election Act, his supporters gathered and held a rally on the road in front of the Seoul Central District Court in Seocho-gu, Seoul. Photo by Kwak Min-jae
The court completely banned general vehicles from entering the Seoul Court Complex that day, closed some entrances and exits, and significantly strengthened security checks when entering the court building.
Meanwhile, Article 270 of the Public Official Election Act (Mandatory Provisions on the Trial Period for Election Offenses) stipulates that sentencing for election offenses must be made within six months from the date the indictment is filed, and the second and third trials must be completed within three months from the date of the previous trial's sentencing. Although the Supreme Court interprets this provision as a "guidance rule" despite the article's title, the trial period is inevitably shorter compared to other crimes. Therefore, it is highly likely that the Supreme Court's final judgment will be made before the next presidential election in March 2027.
On the 25th, the first trial sentencing hearing for Lee's perjury coaching charge is scheduled. Besides the testimony of Kim Jin-sung, who was coached by Lee to commit perjury and actually lied in court, there is also an audio recording of Lee's voice asking for favorable testimony. Last September, Chief Judge Yoo Chang-hoon dismissed Lee's arrest warrant but stated that "the charges appear to be substantiated."
Seemingly aware of this, Lee posted on his Facebook on the 6th, "How can a failed coaching be considered perjury coaching?" and on the morning of the hearing day, he shared an edited video of the phone call related to the perjury coaching case on Facebook, writing, "The truth may be temporarily hidden, but it does not disappear and will eventually be revealed," showing his full effort to claim innocence ahead of the sentencing.
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