KOR
▲ Former Prosecutor Kim Sang-min
A suspended prison sentence has been finalized for former Senior Prosecutor Kim Sang-min, who was indicted on charges including offering an expensive painting to Kim Keon-hee, the spouse of former President Yoon Suk Yeol, in exchange for nomination favor.
The Supreme Court's Third Division (presiding Justice Lee Heung-goo) finalized the lower court's ruling today (the 23rd) that sentenced the former prosecutor to two years in prison with three years of probation for violating the Improper Solicitation and Graft Act, one year in prison with three years of probation for violating the Political Funds Act, and a forfeiture of 41.39 million won.
Around February 2023, former Prosecutor Kim was indicted in October of last year by the independent counsel team led by Min Joong-ki on charges of violating the Improper Solicitation and Graft Act for delivering a painting titled "From No. 800298" by artist Lee Ufan, valued at 140 million won, to Kim Keon-hee's side while soliciting nomination support for the April 10 general elections the following year.
Charges of violating the Political Funds Act were also applied for having a businessman surnamed Kim cover 41.39 million won in expenses, including rental fees and insurance for a campaign vehicle, while preparing to run in the general elections.
The first trial found him guilty only of the charge of accepting illegal political funds, such as campaign vehicle rental fees, sentencing him to six months in prison with one year of probation and a forfeiture of 41.39 million won.
Regarding the nomination solicitation charge, the court acquitted him, stating that there was a strong possibility the painting in question had not actually been delivered to Kim Keon-hee.
However, the second trial also found him guilty of the nomination solicitation charge.
The appellate court accepted the credibility of the art dealer's testimony, who stated, "Former Prosecutor Kim asked me to purchase a painting to deliver to the First Lady," and "After delivering the painting, former Prosecutor Kim called and said (Kim Keon-hee) loved it immensely."
At the time of the investigation, the painting was discovered at the home of the maternal grandmother of Kim Jin-woo, Kim Keon-hee's older brother. The court ruled, "It appears that the painting was provided to Kim Keon-hee, and as the independent counsel team's investigation intensified, it was moved through Kim Jin-woo to his maternal grandmother along with other items owned by Kim Keon-hee."
The appellate court also recognized job-relatedness, stating that former Prosecutor Kim provided the painting to Kim Keon-hee in connection with comprehensive official duties, such as the president's ruling party election duties and the appointment of high-ranking public officials.
Regarding the authenticity of the artwork, which was a point of contention, the court held that the opinion of the Korea Art Authentication and Appraisal Center, which authenticated it as genuine, was more credible.
The court determined that the painting delivered to Kim Keon-hee was indeed a genuine work by artist Lee Ufan, and its value was 140 million won, the actual purchase price paid by former Prosecutor Kim.
Although former Prosecutor Kim's side appealed the ruling, the Supreme Court dismissed the appeal, judging that there were no errors in the appellate court's decision.
In addition to the Lee Ufan painting, Kim Keon-hee was indicted on charges of receiving valuables totaling 300 million won from individuals including Lee Bong-gwan, chairman of Seohae Construction, a robot dog businessman surnamed Seo, and former National Education Commission Chairperson Lee Bae-yong, and was sentenced to seven years in prison in the first trial.
Former Prosecutor Kim served as a prosecutor starting in 2009, submitted his resignation in December 2023, and registered as a preliminary candidate for the April 10 general elections in Uichang-gu, Changwon, South Gyeongsang Province, in January of the following year, but was cut off from the People Power Party's nomination.
Later in August of that year, he was appointed as a special legal advisor to the National Intelligence Service and worked until June of last year.
Recently, the police concluded that while working as a special advisor to the NIS, former Prosecutor Kim drafted a legal review report containing false information regarding the January 2024 attack on then-Democratic Party leader Lee Jae-myung in Gadeokdo, and forwarded him to the prosecution on charges including the creation of false official documents.
The police determined that while reviewing whether the incident constituted terrorism, former Prosecutor Kim minimized the 18-centimeter modified weapon used in the crime by describing it as a "box cutter."
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.
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