Independent Counsel Appeals Oh Se-hoon's Acquittal in Second Trial, Citing Sufficient Evidence Supporting Myung Tae-kyun's Statements

The Independent Counsel team led by Min Joong-ki has appealed to the Supreme Court, challenging the appellate court's acquittal of Seoul Mayor Oh Se-hoon on charges of violating the Political Funds Act.

The Independent Counsel team explained that the appellate court failed to acknowledge the statements of political broker Myung Tae-kyun and misjudged certain factual relations, adding that "there are parts that significantly contradict common sense."

The Independent Counsel team announced that it submitted the appeal today (the 30th) to Criminal Division 7 of the Seoul High Court (Presiding Judge Goo Hoe-geun), which handled Mayor Oh's appellate trial.

The Independent Counsel team argued that the appellate court dismissed the objective evidence recognized in the first trial without reasonable cause, stating that "denying the credibility of Myung's statements is an illegality that exceeds the limits of the principle of free evaluation of evidence."

Specifically, they emphasized that Mayor Oh's commissioning of opinion polls, request for cost coverage, and financial supporter Kim Han-jung's covering of the poll costs can be sufficiently recognized through Myung's statements and objective evidence.

The Independent Counsel team stated, "Even if the credibility of some of Myung Tae-kyun's statements is not recognized, the key statements related to the criminal facts are sufficiently reinforced by core circumstantial evidence or contextual facts," adding, "The appellate court dismissed evidence with sufficient probative value without reasonable cause."

The Independent Counsel team also pointed out that the appellate judgment contained internal contradictions and parts that greatly contradicted common sense.

The appellate court had judged that it was difficult to accept that Mayor Oh commissioned opinion polls—even mentioning the burden of illegal costs to Myung—just two days after their initial meeting on January 20, 2021, based on the premise that the two first met on that date.

However, the Independent Counsel team argued that this is "a clear misapprehension of facts and an illegality where the judgment contradicts itself," noting that the two actually first met earlier on December 9, 2020, a fact also acknowledged in the appellate judgment.

The Independent Counsel team also took issue with the fact that the appellate court discredited Myung's statements by heavily relying on newly submitted telephone recording files between financial supporter Kim Han-jung and Myung Tae-kyun presented during the appeal.

The Independent Counsel team claimed, "In addition to the six recordings submitted [to the court], Kim possesses dozens of telephone recording files with Myung," and added, "He intentionally selected and submitted only some recording files after a guilty verdict was handed down in the first trial and after witness examinations of Myung concluded in the appellate trial."

They further argued that there was an illegality of insufficient deliberation by the appellate court, which failed to review the remaining recording files, calling them "evidence submitted while deceiving the court."

The Independent Counsel team stated, "Core circumstantial evidence or context was easily dismissed on the grounds that there are doubts about Myung's statements, which align with the criminal charges," and emphasized, "The erroneous judgment of the appellate court must be rectified in the Supreme Court."

Previously on the 23rd, the appellate court overturned the lower court verdict—which had sentenced Mayor Oh to a fine of 10 million won—and acquitted him, ruling that the main charges against Mayor Oh had not been proven.

The court judged that it was not sufficiently proven that Mayor Oh received opinion poll results a total of 10 times from Myung Tae-kyun ahead of the April 7 Seoul mayoral by-election in 2021 and had businessman Kim, known as his longtime financial supporter, cover costs amounting to 33 million won.

The court stated, "Myung Tae-kyun's statement is the sole direct evidence regarding the core issues of this case," and judged that in light of specific factual relations, Myung's statements were difficult to believe as they were, and there was insufficient evidence to support them.

Cases prosecuted by an independent counsel follow the "6-3-3 rule" under the Independent Counsel Act, which mandates that the first trial be handled within 6 months, the second trial within 3 months, and the third trial within 3 months.

Accordingly, the Supreme Court ruling on Mayor Oh Se-hoon's case is expected to be delivered around the end of January at the earliest.

However, as this is not a mandatory regulation, the court will not face separate sanctions for exceeding the deadline.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.