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, 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 term equivalent to losing his parliamentary seat. 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 at 2:38 p.m. on the 15th before the Criminal Division 34 of the Seoul Central District Court (Presiding Judge Han Seong-jin), the court recognized as false Lee's statements denying that former Seongnam Urban Development Corporation Development Director Kim Moon-gi played golf overseas and that the Ministry of Land, Infrastructure and Transport pressured for the land use change of the Baekhyeon-dong site. Lee was sentenced 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 hard to believe that the statement denying that Kim Moon-gi played golf overseas is true."
Regarding the Baekhyeon-dong site, the court said, "The land use change was a decision made independently by Seongnam City, and the defendant himself reviewed and changed it," and added, "The statement that the Ministry of Land, Infrastructure and Transport threatened with dereliction of duty can be regarded as false."
Statements Denying Golf with Former Director Kim Moon-gi and Regarding Baekhyeon-dong Recognized as False
Among Lee's statements implying he did not know former Director Kim, the court found guilty the part where Lee said, "I and four people from the People Power Party took photos, making it seem like I played golf, but upon checking, they showed only part of the group photo of our entire party. It was manipulated," which implied he did not play golf with Kim during the overseas trip.
The court first stated, "Although the defendant accompanied golf overseas, claiming ignorance because Kim was a 'subordinate' is hard to believe from the perspective of an ordinary voter," and added, "From the perspective of an ordinary voter hearing the golf statement in the context of 'not knowing Kim,' it is easy to interpret that Lee did not play golf with Kim Moon-gi overseas."
Furthermore, "Kim Moon-gi was a key practical manager within Seongnam Urban Development Corporation related to the Daejang-dong urban development project. As Lee stated, Kim not only assisted Lee, then Governor of Gyeonggi Province, in matters related to the trial but was also involved in Lee's response to allegations of preferential treatment in the Daejang-dong project and was under investigation until his death," the court said. "Considering that Lee had sufficient opportunity and time to recall before making the golf statement, intentionality is recognized."
However, the court acquitted Lee of the claims that he did not know Kim Moon-gi during his tenure as Seongnam mayor and that he only came to know Kim after becoming governor and being indicted for violating the Public Official Election Act.
Acquittal for reasons means that the court recognizes innocence for charges that are legally treated as a single offense with the guilty part but does not separately pronounce a not guilty verdict.
Lee Jae-myung, leader of the Democratic Party of Korea, who is accused of spreading false information under the Public Official Election Act, is answering questions from reporters as he leaves the courtroom after the first trial sentencing at the Seoul Central District Court in Seocho-gu, Seoul, on the afternoon of the 15th. Photo by Jo Yong-jun
The court rejected the prosecution's claim that Lee's statement "I did not know Kim Moon-gi during my tenure as Seongnam mayor" denied all personal and professional interactions with Kim Moon-gi.
Regarding the Baekhyeon-dong statement, the court judged intentionality, noting that Lee received multiple reports during the proposal review process at the Food Research Institute, that Lee's side responded continuously after suspicions about the Baekhyeon-dong site arose, and that panels were prepared in advance at the time of the statement.
The court said, "Except for the overseas golf accompaniment, Lee generally maintained the statement that he did not know Kim Moon-gi during his tenure as Seongnam mayor, while acknowledging or assuming the overseas trip accompaniment allegations and referred to Kim as a 'subordinate' or similar. There were no other specific interactions mentioned."
The court rejected Lee's claim that evidence collected from the Seongnam City Public Relations Office, including photos related to the overseas trip, was illegally obtained because no seizure record was made, even though the prosecution received the materials voluntarily.
Concerns Over Undermining Representative Democracy... Consideration of Previous Similar Offenses
Regarding sentencing, the court pointed out, "When false information is disclosed to voters during elections, voters cannot make correct choices, leading to distortion of public opinion and undermining the function of the election system and the essence of representative democracy," and noted, "The use of broadcasting as a medium amplifies the impact and spread."
While acknowledging the need to consider freedom of expression during elections, the court explained, "The risk that false information may cause voters to acquire incorrect information and distort public opinion must also be considered" as a reason for sentencing.
The court also added that Lee's prior record of being fined for a similar offense was taken into account in sentencing.
Lee: "An Unacceptable Conclusion... Will Appeal," Prosecution That Requested Prison Term Also Considering Appeal
After the sentencing hearing, Lee said, "This is an unacceptable conclusion," and immediately announced his intention to appeal.
When asked by reporters about his stance, 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 conclusion as "something I cannot accept even from the basic recognition of facts." Lee also added, "I believe our citizens can reach a conclusion based on common sense and justice."
Lee then left the Seoul Court Complex without answering further questions from reporters. He was scheduled to attend a prosecution protest rally that day but reportedly canceled the plan.
The prosecution stated, "The Seoul Central District Prosecutors' Office investigated Lee Jae-myung's violation of the Public Official Election Act for falsely announcing facts regarding his relationship with the late Kim Moon-gi, the practical manager of the Daejang-dong project (including overseas golf), and the circumstances of the land use change of the Baekhyeon-dong project site, based on evidence and legal principles. As a result, the charges were recognized, and Lee was indicted on September 8, 2022."
The prosecution added, "The Seoul Central District Court today found the defendant guilty of these charges and sentenced him to one year in prison with a two-year suspension. The Seoul Central District Prosecutors' Office will carefully review the judgment and decide whether to appeal."
If the Ruling Is Finalized, Lee Cannot Run in the Presidential Election... Must Return 43.4 Billion KRW in Election Expenses
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 Seongnam mayor, and that the Ministry of Land, Infrastructure and Transport pressured to change the land use of the Baekhyeon-dong site. The first trial sentencing came two years and two months after the indictment.
Regarding the statements about Kim Moon-gi, Lee claimed he did not remember Kim, a lower-ranking employee, due to the large number of staff at the time. However, after the controversy arose, it was revealed that Lee had traveled overseas with Yoo Dong-gyu, former Planning Director of Seongnam Urban Development Corporation, and Kim Moon-gi during his tenure as Seongnam mayor, playing golf together, and that Lee had received multiple direct reports from Kim. Yoo also revealed that Kim drove a two-seater cart with Lee during the overseas trip.
Based on this evidence and witness testimonies, the prosecution concluded that Lee intentionally denied his relationship with Kim Moon-gi in a broadcast interview the day after Kim, the practical manager involved in the Daejang-dong corruption, took his own life.
Regarding the background of the Baekhyeon-dong land use change, the prosecution judged that Lee, who had campaigned on a pledge not to allow residential development, suddenly changed his stance and upgraded the site from natural green space to 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. The testimonies of the Ministry of Land officials, Seongnam City employees, and Food Research Institute staff all contradicted Lee's claims, leading the prosecution to conclude that Lee fabricated the story of pressure or threats from the Ministry.
In September last year, then Minister of Justice Han Dong-hoon explained to the National Assembly the reason for requesting Lee's arrest consent, stating, "Lee claims that the unprecedented four-level land use change was due to 'pressure from the Ministry of Land,' but the Ministry's December 2014 reply stating 'land use changes are at the discretion of local governments,' testimony from the Seongnam official who directly reported the reply to Mayor Lee, and statements from Seongnam City, Ministry of Land, and Food Research Institute officials all indicate that Lee's claims are completely different from the facts and align with the physical evidence."
For ordinary 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 KRW or more restricts candidacy rights for five years. If a fine of 1 million KRW 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 43.4 billion KRW in election expenses reimbursed from the last election.
With Lee sentenced to a penalty resulting in loss of parliamentary seat, 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 inevitable.
Supporters of Lee Jae-myung, leader of the Democratic Party of Korea, are gathering for a rally on the morning of the 15th near the Seoul Central District Court in Seocho-gu, Seoul, ahead of the first trial verdict hearing on charges of violating the Public Official Election Act. Photo by Kwak Min-jae
Supporters and Opponents of Lee Hold Outdoor Rallies... Shouting Heard
The court completely banned general vehicles from entering the Seoul Court Complex that day, closed some entrances and exits, and significantly strengthened security checks at the court building entrances.
Ahead of the first trial sentencing hearing for Lee's violation of the Public Official Election Act, the area near the Seoul Central District Court became chaotic as Lee's supporters and opponents gathered separately. Police buses lined up at the intersection near Gyodae Station in front of the court, and barricades were visible at various protest sites.
Support groups for Lee, including the Democratic Party National Innovation Council, held a large rally on two lanes in front of the Seoul Central District Prosecutors' Office. Lee's supporters held placards reading "Impeach Political Prosecution" and "Lee Jae-myung is Innocent," along with blue balloons, chanting "Lee Jae-myung is innocent."
On the other hand, conservative groups such as the New Freedom Solidarity gathered about 500 meters away on foot in front of the southern building of the Jeonggok Building in Seocho-gu. They waved placards with slogans like "Arrest Lee Jae-myung" and "Jae-myung, go to jail," along with American and Korean flags, loudly demanding Lee's arrest. Although physically separated, occasional shouting between the groups was observed.
At around 2:18 p.m., as Lee appeared at the Seoul Central District Court in Seocho-gu and was entering the court building, a man threw a shoe at him. Although Lee was not hit, the police arrested the man on the spot for assault.
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, conservative group supporters opposing Lee gathered on the road in front of the Seoul Central District Court in Seocho-gu, Seoul, holding a rally. Photo by Kwak Min-jae
Mandatory Three-Month Trial Period for Election Crime Appeals... Supreme Court Interprets as Advisory, Perjury Coaching Trial Verdict on 25th
Meanwhile, Article 270 of the Public Official Election Act (Mandatory Period for Trial of Election Crimes) stipulates that sentencing for election crimes must be made within six months from the date of indictment, 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 advisory despite its title, the trial period for election crimes is inevitably shorter than for other crimes. Therefore, it is highly likely that the Supreme Court's final judgment will be issued 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 committed perjury after being coached by Lee, there is also an audio recording of Lee's voice requesting favorable testimony. Last September, Presiding Judge Yoo Chang-hoon dismissed Lee's arrest warrant but noted that the charges appeared substantiated.
Seemingly aware of this, Lee posted on his Facebook on the 6th, "How can a failed coaching be perjury coaching?" and on the morning of the hearing day, shared an edited video of the perjury coaching-related phone recording on Facebook, writing, "The truth may be temporarily hidden but will not disappear and will eventually be revealed," showing his full effort to claim innocence ahead of the verdict.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
