Kim Kunhee Sentenced to 1 Year and 8 Months in First Trial... First Simultaneous Prison Terms for Former Presidential Couple in Constitutional History (Comprehensive)

Following Former President Yoon, Mrs. Kim Also Sentenced to Prison
Not Guilty on Stock Manipulation and Political Funds Act Charges, Only Luxury Goods Bribery Conviction
"First Lady as National Symbol, Abandoned Integrity and Restraint for Luxur

First Lady Kim Kunhee, who was indicted and detained on charges including receiving money and valuables from the Unification Church, was found guilty on only one of three charges and sentenced to one year and eight months in prison in the first trial. This marks the first time in South Korea's constitutional history that both a former president and a former first lady have been sentenced to prison terms by the judiciary at the same time.

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Court: "Not Guilty on Stock Manipulation and Myung Taegyun Poll Charges"

The 27th Criminal Division of the Seoul Central District Court (Presiding Judge Woo Inseong) on January 28 sentenced Mrs. Kim to one year and eight months in prison and ordered her to forfeit 12,815,000 won. She was charged with violations of the Capital Markets Act and Political Funds Act, as well as accepting bribes under the Act on the Aggravated Punishment of Specific Crimes. Previously, the special prosecutor had requested a total of 15 years in prison, a fine of 2 billion won, and forfeiture of approximately 948 million won at the sentencing hearing last month. The court found Mrs. Kim not guilty of the charges related to the Deutsche Motors stock manipulation (violation of the Capital Markets Act) and the Myung Taegyun poll (violation of the Political Funds Act).

Mrs. Kim was indicted in August last year for allegedly participating in the Deutsche Motors stock manipulation from October 2010 to December 2012, earning illicit gains of about 810 million won. The court acknowledged that Mrs. Kim had "at least tacit awareness" of the stock manipulation group's activities, but ruled there was insufficient evidence to consider her a co-principal in leading the crime, and thus found her not guilty. No member of the stock manipulation group testified that they directly informed the defendant of the crime, and the court found it difficult to conclude that Mrs. Kim recognized the structure of the price manipulation.

Regarding the charge that Mrs. Kim received the results of 58 opinion polls worth about 274 million won from Myung Taegyun free of charge before and after the 2022 presidential election, the court also found her not guilty, stating, "There is no evidence that Mrs. Kim instructed or commissioned the polls, nor that an implicit contract was established." Instead, the court found that Myung independently decided whether to conduct and publish the polls, and that Mrs. Kim was merely one of the recipients.

Only Partial Guilt on Bribery Charge Involving Chanel Bag

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Regarding the bribery charge, the court recognized Mrs. Kim as guilty only for the July 2022 incident (Chanel bag and diamond necklace) among the three instances of receiving money and valuables indicted by the special prosecutor. The court determined that Mrs. Kim, during a phone call with a Unification Church representative at the time, mentioned "working to ensure economic and cultural achievements are not undermined," demonstrating that she was clearly aware of the request for government support and expressed her willingness to act as an intermediary. However, for the Chanel bag received in April 2022, the court ruled her not guilty, stating, "It was merely a customary congratulatory conversation regarding the election victory, and there is no evidence of a specific request." The court stated, "The defendant misused her position for personal gain," and "She failed to refuse the expensive luxury goods offered in connection with the Unification Church's request and instead used them for her own adornment." However, since the items could not be confiscated, the court ordered the equivalent value to be forfeited.

The court pointed out, "Although the First Lady has no constitutional authority, she is in the closest position to the president and can exert influence, serving as a symbolic representative of the nation," adding, "Such a position requires a high level of integrity and restrained conduct."

Former President and First Lady Sentenced Simultaneously...Unprecedented Situation

With this verdict, South Korea now has the unprecedented record of both a former president and a former first lady being sentenced to prison terms at the same time. A legal expert commented, "The fact that both the president and first lady are facing prison sentences together demonstrates the seriousness of the rule of law in our country."

In addition, Mrs. Kim faces two more trials: one for allegedly soliciting Unification Church members to join the party en masse to support a specific candidate ahead of the March 2023 People Power Party convention, and another for allegedly receiving money and valuables in exchange for public office appointments. Former President Yoon, who was sentenced to five years in prison for obstructing an arrest by the Corruption Investigation Office for High-ranking Officials, has been indicted a total of seven times by the prosecution and three special prosecutors (insurrection, Kim Kunhee, and fallen marine cases), and is facing separate trials for each. The verdict for the insurrection leader charge, which is considered the essence of martial law, is scheduled for February 19.

The sentencing of Mrs. Kim was broadcast live on TV and YouTube. This is the first time a sentencing hearing for a former first lady has been broadcast live. Among the cases prosecuted by the three special prosecutors, this is the third, following former President Yoon and former Prime Minister Han Ducksoo.

Mrs. Kim's Side: "Not Guilty Verdicts on Deutsche Motors and Myung Taegyun Are Only Natural"

Immediately after the sentencing, Mrs. Kim's attorney told reporters, "We are deeply grateful for the court's judgment. The not guilty verdicts on the Deutsche Motors and Myung Taegyun charges are only natural," but added, "The sentence for the bribery charge is somewhat severe, and we plan to consider an appeal." Regarding the special prosecutor's request for a total of 15 years in prison, the attorney argued, "It is an exaggerated figure for political purposes, and we believe the sentence is higher than the guidelines because Mrs. Kim was the First Lady."