▲ Former President Yoon Suk Yeol and Myung Tae-gyun
The appellate trials for former President Yoon Suk Yeol, who was indicted on charges of receiving free opinion polls from political broker Myung Tae-gyun, and Seoul Mayor Oh Se-hoon, who is suspected of having the costs for polls provided by Myung paid by someone else, are set to begin this week.
The 7th Criminal Division of the Seoul High Court (Presiding Judge Goo Hoe-keun) will hold the first hearing for former President Yoon on charges of violating the Political Funds Act at 11:00 a.m. on the 21st.
Myung Tae-gyun will also stand trial on the same charges.
Previously, the first instance court sentenced former President Yoon to two years in prison and Myung to one year and six months in prison.
The first instance court recognized only 14 out of 58 opinion polls as guilty among the charges that former President Yoon, in collusion with his spouse Kim Keon-hee, received free polls 58 times from Myung between June 2021 and March 2022.
The court determined that there was an implicit "consensus" between Yoon's couple and Myung regarding the conducting and provision of the polls, and that Yoon exerted influence to secure the nomination of former People Power Party lawmaker Kim Young-sun as a reward.
However, it judged that the remaining 44 polls could not be concluded as having been provided under an agreement with the couple, as Myung did not deliver them directly.
This ruling directly contrasts with the acquittal of Kim Keon-hee, who was indicted separately, in both the first and second trials. A legal battle is expected in the appellate trial between former President Yoon's side and the special counsel team led by Min Joong-ki.
At 2:00 p.m. on the same day, the first appellate hearing for Mayor Oh Se-hoon on charges of violating the Political Funds Act will also be held by the 7th Criminal Division.
Mayor Oh was indicted without detention in December last year on charges of receiving opinion poll results a total of 10 times from political broker Myung ahead of the April 7 Seoul mayoral by-election in 2021, and having businessman Kim Han-jung, known as a long-time supporter, pay 33 million won in costs on his behalf.
The first instance court sentenced Mayor Oh to a fine of 10 million won, which would strip him of his office, and ordered a forfeiture of 21 million won.
According to the Political Funds Act, if a fine of 1 million won or more for the illegal receipt of political funds is finalized, the individual cannot hold or be appointed to public office for five years.
If already holding or appointed to office, they must resign.
Kang Chul-won, former political affairs deputy mayor of Seoul who was tried together, was sentenced to a fine of 3 million won, and Kim Han-jung to a fine of 5 million won.
The first instance court judged that Mayor Oh commissioned five out of the 10 opinion polls specified in the indictment (three non-public and two public) from Myung, and had Kim cover the 21 million won costs on his behalf.
It viewed that the charges for the remaining five polls were difficult to acknowledge.
On the same day at the Seoul Central District Court, the first trial of Kim Keon-hee, who was sent to trial over the "alleged collective enrollment of Unification Church followers into the People Power Party," will also begin in earnest.
The case regarding Kim Keon-hee's charges of violating the Political Parties Act is being handled by the 27th Criminal Settlement Division (Presiding Judge Woo In-sung).
Kim Keon-hee was sent to trial in November last year by the special counsel team led by Min Joong-ki on charges of conspiring with Jeon Sung-bae, a shaman known as Geonjin Beopsa, around November 2022 to ask Yoon Young-ho, former headquarters director of the Unification Church, to have church members collectively join the People Power Party as party members.
The special counsel team believes that Kim promised church support in exchange for the enrollment of church members, hoping for the victory of a candidate supporting former President Yoon at the March 2023 People Power Party national convention.
Unification Church President Hak Ja Han and former Director Yoon were indicted together on charges of accepting this proposal and conspiring to forcibly enroll church members.
On the 19th, the second-instance ruling will be delivered for Cho Tae-yong, former Director of the National Intelligence Service, who was indicted on charges including perjury at the National Assembly and the Constitutional Court regarding the situation during the December 3 martial law.
Former Director Cho was sentenced to one year and six months in prison in the first instance on charges of perjury, such as testifying falsely at the Constitutional Court that he never received martial law-related documents from former President Yoon at the time of the martial law.
The special counsel team for the insurrection led by Cho Eun-seok demanded a seven-year prison sentence for former Director Cho during the sentencing hearing held by the 1st Criminal Division of the Seoul High Court (Presiding Judge Yoon Sung-sik) on the 27th of last month.
The special counsel team's sentencing demands for former officials of the Yoon Suk Yeol administration, including former Prime Minister Han Duck-soo who was indicted over the "alleged failure to appoint or nominate Constitutional Court justices," will take place on the 21st.
The 33rd Criminal Settlement Division of the Seoul Central District Court (Presiding Judge Lee Jin-kwan) plans to hold a hearing on that day to finish examining the defendants and then hear the special counsel's final opinions and sentencing recommendations for former Prime Minister Han, former Presidential Chief of Staff Chung Jin-suk, former Senior Presidential Secretary for Civil Affairs Kim Joo-hyun, and former Secretary for Public Gongjik Gigang Lee Won-mo.
However, the defendants' final arguments and closing statements were decided to be continued at the next hearing.
Former Prime Minister Han is charged with dereliction of duty for failing to appoint Constitutional Court justice candidates recommended by the National Assembly while acting as president after former President Yoon Suk Yeol was impeached and suspended from presidential duties.
He was also charged with abuse of authority resulting in the obstruction of rights for nominating Ham Sang-hoon and Lee Wan-gyu as Constitutional Court justice candidates without proper personnel verification procedures.
The special counsel team sent them to trial in December last year along with former Secretary Kim and others, judging that former Prime Minister Han made such decisions while communicating with officials in the presidential office.
(Photo: Yonhap News)