Court Sentences Lee Byung-jin to 7 Million Won Fine for Election Law Violation
Additional 5 Million Won Fine for Real Name Real Estate Transaction Act
If Sentence is Finalized, Lee Will Lose Parliamentary Seat
Democratic Party of Korea lawmaker Lee Byung-jin (Pyeongtaek-si Eul), who was indicted last year for failing to report part of his assets during the April 10 general election, was sentenced to a penalty that invalidates his election in the first trial.
The 1st Criminal Division of the Pyeongtaek Branch of Suwon District Court (Presiding Judge Shin Jeong-il) on the 2nd sentenced Lee to a fine of 7 million won for violating the Public Official Election Act and a fine of 5 million won for violating the Real Name Real Estate Transaction Act.
If this sentence is finalized, Lee will lose his position as a lawmaker. According to the Public Official Election Act, if an elected public official is sentenced to imprisonment or a fine of 1 million won or more for violating the Act, the election is invalidated.
On this day, the court stated regarding Lee’s violation of the election law by failing to report real estate worth about 550 million won located in Asan, Chungnam, "Considering the testimonies of related witnesses, it appears to be the defendant’s property."
Furthermore, the court judged that the funds and stocks in a stock account under the name of Park, which were not reported, were owned by Lee based on the deposit and withdrawal situations, and thus violated the election law.
Regarding the violation of the Real Name Real Estate Transaction Act concerning the real estate in Asan City, the court regarded it as a "nominee trust."
The court said, "It is a favorable circumstance that the defendant has no prior convictions exceeding a fine," but added, "Despite circumstances such as campaign staff asking about the assets during the election process, the defendant did not report the assets, and involvement in illegal or potentially illegal nominee trusts or borrowed-name accounts related to real estate is an unfavorable circumstance."
It continued, "Members of the National Assembly hold positions with significant authority and responsibility," and explained the sentencing reason by saying, "Violating election laws, and especially attempting to induce or influence related parties during the investigation process, cannot go without accountability."
During the investigation and trial, Lee claimed, "The real estate owned by Asan City is only in my name, but it is actually the property of Kim," and "The stock account is not mine, so there was no need to falsely report the assets."
Earlier, on the 17th of last month, the prosecution requested a sentence of 10 months imprisonment for Lee’s violation of the election law and 8 months imprisonment for violating the Real Name Real Estate Transaction Act during the final arguments.
Lee was indicted without detention on October 7 of the same year on charges of failing to report some details such as the establishment of a mortgage on land in Sinbong-ri, Yeongin-myeon, Asan City, stock holdings, and stock-related loans during last year’s general election. After the sentencing, Lee said, "I have no assets to hide," and "I will work hard in legislative activities to fulfill the will of the local residents."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
