New evidence favorable to Seoul Mayor Oh Se-hoon has been submitted to the appeals court handling his trial over allegations that business expenses for public opinion polls were paid on his behalf by a third party.
The evidence consists of audio recording files of phone conversations between businessman Kim Han-jung, who was designated as the person who paid the costs, and Myung Tae-kyun. The recordings reportedly contain circumstances indicating that Mayor Oh did not commission public opinion polls from Myung.
The court plans to decide whether to officially admit and use this evidence in the trial tomorrow (the 16th).
According to legal circles today (the 15th), Kim's legal representatives recently submitted the audio recording files of conversations between Kim and Myung to Criminal Division 7 of the Seoul High Court (Presiding Judge Goo Hoe-geun), which is hearing the appeal of Mayor Oh's indictment for violation of the Political Funds Act.
The recorded phone calls took place on March 6 and March 13, 2021, ahead of the April 7 Seoul mayoral by-election, after Oh was selected as the People Power Party candidate and was pursuing a candidacy merger with then-People's Party candidate Ahn Cheol-soo.
According to the recording, Kim tells Myung, "You said, 'I'll make the percentages (approval ratings) look good,' so I listened to what you said and did it, but the result didn't turn out that way."
This implies that although Myung stated he would conduct polls to make Mayor Oh's approval ratings appear high, the actual results differed.
Kim also remarks, "I did the work because I wanted to help this gentleman," and "It wasn't wanted or requested from over there, I did it entirely on my own."
Taken together, these remarks suggest that Kim, trusting Myung's words, independently commissioned the polls himself.
This contradicts the prosecution's charges that Mayor Oh commissioned the polls from Myung and had Kim pay the costs on his behalf.
The recording files also include Myung stating, "Since I didn't know the relationship between you (Kim) and Mayor Oh well," "Mayor Oh didn't introduce you (to me) directly," and "Regardless of Mayor Oh, it was you, you helped out like that."
This differs in tone from Myung's statements to investigative authorities claiming that Mayor Oh introduced Kim as someone who would provide funds.
Based on these recording files, Kim's side is arguing that the core premise of the prosecution's charges cannot stand.
Mayor Oh was indicted without detention in December of last year on charges of receiving public opinion poll results 10 times from Myung ahead of the April 7, 2021 Seoul mayoral by-election and having his longtime supporter Kim pay 33 million won in costs on his behalf.
The first-instance court recognized that Mayor Oh commissioned five public opinion polls from Myung and had Kim cover 21 million won of the costs, sentencing Mayor Oh to a fine of 10 million won and ordering the forfeiture of 21 million won.
If a fine of 1 million won or more for illegal receipt of political funds is finalized, the individual is barred from holding or being appointed to public office for five years.
Those who have already taken office or been appointed must step down.
Kang Chul-won, a former Deputy Mayor for Political Affairs of Seoul and an aide to Mayor Oh who was indicted alongside him, was sentenced to a fine of 3 million won, and Kim was sentenced to a fine of 5 million won.