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Yoon Seok-yeol Receives Suspended Prison Sentence in Appeal for Election Law Violations; Ruling Could Force PPP to Return 39.7 Billion Won

Yoon Seok-yeol Receives Suspended Prison Sentence in Appeal for Election Law Violations; Ruling Could Force PPP to Return 39.7 Billion Won
Former President Yoon Seok-yeol, who was indicted on charges of making false statements during his presidential campaign, has received a suspended prison sentence in his second trial, a penalty that would invalidate an election win.

If the ruling is finalized, the People Power Party will be required to return 39.7 billion won in election expenses it was reimbursed during the presidential election.

The 2nd Criminal Division of the Seoul High Court (Presiding Judges Baek Seung-yeop, Hwang Seung-tae, and Kim Young-hyun) handed down a sentence of one year and six months in prison with a three-year suspension, the same as the first-instance ruling, to former President Yoon, who was indicted for violating the Public Official Election Act.

The bench was composed of High Court Judges Baek Seung-yeop, Hwang Seung-tae, and Kim Young-hyun.

The court upheld all of the charges against former President Yoon as guilty and dismissed the appeal.

First, the court ruled that former President Yoon made false statements during an invitation debate hosted by the Kwanhun Club on December 14, 2021, while he was the presidential candidate for the People Power Party.

At the time, former President Yoon made remarks to the effect that he "had never introduced attorney Lee (a former official from the Supreme Prosecutors' Office Central Investigation Department) to former Yongsan Tax Office Chief Yoon Woo-jin."

The court also determined that statements made during an interview at the inauguration ceremony of the Buddhism Leaders Forum on January 17, 2022, constituted the publication of false information.

At the time, former President Yoon stated to the effect that "he was introduced to Jeon Seong-bae (Geonjinbeopsa) by a party official and has never met him together with spouse Kim Keon-hee."

The court concluded that former President Yoon's statements differed from objective facts and that he was aware of this.

Regarding the background of the sentencing, the court pointed out, "Whether the defendant introduced a lawyer to Yoon Woo-jin was critical information in evaluating morality and fairness as a public official, yet he published false information, meaning the nature of the crime is not light."

Addressing the remarks concerning Jeon Seong-bae (Geonjinbeopsa), the court also reprimaned, "Even though the defendant would have clearly known based on his own direct experience how he formed a close relationship with Jeon Seong-bae and whether he met him together with his spouse, he published false information, making the potential for criticism significant."

The court added, "The defendant, who could be seen as having the duty to provide material for making correct judgments as a party-endorsed candidate in an election to select the president as the top person responsible for state affairs, published false information during the election process."

It further rebuked, "The voters' right to make proper choices was infringed upon, and the fairness and procedural legitimacy of the election were undermined."

This appellate ruling was broadcast live, just as the first-instance ruling was on July 27.

Under the Public Official Election Act, if a presidential candidate is elected or receives 15 percent or more of the votes, the Election Commission fully reimburses election expenses.

However, if an election crime results in a finalized fine of 1 million won or more and the election is invalidated, the affiliated political party must return the reimbursed election expenses.

Therefore, if former President Yoon's appellate sentence is finalized as it is, his election would be invalidated, and the People Power Party would also be required to return the 39.7 billion won in election expenses.
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