Appellate Court to Announce Verdict in Kim Hye-kyung's Election Law Violation Case
First Trial Resulted in 1.5 Million Won Fine
The appellate court will deliver its verdict on Kim Hye-kyung, the spouse of Lee Jae-myung, the presidential candidate of the Democratic Party of Korea, who is on trial for violating the Public Official Election Act. In the first trial, she was sentenced to a fine of 1.5 million won.
On May 12, the Criminal Division 3 of the Suwon High Court (presided over by Judge Kim Jonggi) will announce its appellate verdict at 2 p.m. in Kim's case regarding the alleged violation of the Public Official Election Act (prohibited donation). Prosecutors argued that Kim's donation act was clear and requested a fine of 3 million won, the same as in the first trial.
Kim was indicted without detention on February 14 of last year for allegedly providing a meal worth 104,000 won using a Gyeonggi Province corporate card to six people?including three spouses of former and current Democratic Party lawmakers, her driver, and an aide?at a restaurant in Seoul in August 2021, when Lee was serving as governor of Gyeonggi Province. She was sentenced to a fine in the first trial.
The first trial court found that the act of providing the meal constituted a donation that could benefit her spouse's election. The court stated, "The meal gathering was an occasion for Shin to introduce the spouses of former National Assembly Speakers, and since Bae paid for the meal, the participants were able to dine together smoothly. Therefore, the act was deemed to benefit the defendant."
At the final hearing of the appellate trial held on April 14, Kim's attorney argued, "As stated in the original verdict, there is no direct evidence. The only basis is the presumption that the defendant could not have been unaware that Bae paid with a corporate card," adding, "Even if it is assumed that the defendant knew about or condoned Bae's payment, this is not a case that warrants a heavy sentence."
In her final statement, Kim said, "When I first learned about this, I was extremely shocked and angry," adding, "Going through the trial since last year, I have come to realize that it was my own fault for not being more attentive."
Meanwhile, even if the prosecution or the defendant appeals the appellate verdict, it is unlikely that the final judgment will be confirmed before the presidential election on June 3. Therefore, it is expected that Kim's election campaign will not be affected. Under the Public Official Election Act, if Kim receives a confirmed sentence of 1 million won or more, her right to run for office will be suspended for five years, and she will be unable to participate in election campaigns during that period.
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