Kim Keon-hee, the former president's wife, received a reduced sentence on appeal in a case prosecutors described as a modern-day sale of public office, in which she was accused of accepting jewelry and gold ornaments in exchange for help with government appointments. The appeals court found that some of the items were not given in return for favors.
The Seoul High Court's Criminal Division 15-3, presided over by High Court Judge Sung Eon-ju, overturned the lower court ruling on the 22nd and sentenced Kim to five years in prison on charges of violating the Act on the Aggravated Punishment of Specific Crimes through brokering for compensation. The court also ordered the forfeiture of paintings by artist Lee Ufan and the collection of 24.4 million won in proceeds.
Kim was indicted on charges of accepting a Van Cleef & Arpels necklace, earrings and other items worth a combined 103.8 million won from Lee Bong-kwan, chairman of Seohee Construction, between March 15 and May 20, 2022, in return for help with the appointment of his eldest son-in-law, Park Sung-keun, who later served as chief of staff to the prime minister. She was also accused of receiving a gold turtle figurine and a copy of the painting "Sehando," together worth 2.65 million won, from Lee Bae-yong, the former chair of the National Education Commission, in April and June of that year. In addition, she was accused of accepting a Vacheron Constantin wristwatch worth 33.9 million won from businessman Seo Sung-bin in return for help securing support for a robot dog project. The first trial court found her guilty on all counts and sentenced her to seven years in prison.
The appeals court ruled at the hearing on the 22nd that the items from Chairman Lee, the gold turtle from the former commission chair, a painting by Lee Ufan received from former prosecutor Kim Sang-min and a Dior handbag received from pastor Choi Jae-young were all given in exchange for favors and therefore constituted crimes. The court said the donors would have had no reason to hand over expensive goods to Kim on the basis of vague expectations alone.
The court, however, acquitted her on the charges involving the "Sehando" copy from the former commission chair and the Vacheron Constantin wristwatch worth 33.9 million won from businessman Seo Sung-bin, which prosecutors said was given in return for help with a robot dog project. In the case of "Sehando," the court said it could not rule out that the item was provided for the separate purpose of promoting traditional Korean paper. "'Sehando' was in the nature of printed material used to promote traditional hanji, and is different in character from the gold turtle," the court said. "Even if the timing of the request for the commission chair's appointment was close to the time the items were delivered to the defendant, the separate purposes of promoting traditional hanji and registering cultural heritage cannot be ruled out."
As for the wristwatch, the court said that regardless of who actually paid for it, the special counsel had failed to prove the element of brokering official duties and the quid pro quo required to establish the offense. "There is strong suspicion that Seo Sung-bin purchased the watch at his own expense and provided it to the defendant," the court said, but added, "no circumstances can be found showing that Seo was seeking to pursue business with the Presidential Security Service before or after the watch was handed over." The court also found that the project appeared to have already been approved and was proceeding through normal procedures, leaving no reason to hand over the watch in anticipation of Kim's influence.
In explaining the sentence, the appeals court sharply criticized Kim for allowing the influence of a presidential spouse to become the subject of private dealings. "Public trust in the transparency and fairness of state affairs as a whole, and in national policy and appointments to public office, has been seriously damaged," the court said. "The disappointment and sense of shame felt by the public can no longer be healed by any means." The court added, "The defendant was fully capable of recognizing that the donors expected the influence of a presidential spouse to be exercised," and said, "Nevertheless, she forgot her position and repeatedly accepted money and goods without hesitation." The court cited as mitigating factors that she admitted some of the charges and expressed remorse, and that she did not initiate requests for the items or actively engage in brokering.
Shortly after the ruling, Kim's legal team said, "It is meaningful that the appeals court found her not guilty on some of the charges," while adding, "It is difficult to accept the remaining charges on which she was found guilty," signaling an intention to appeal to the Supreme Court.
Meanwhile, the appeal by the former commission chair was dismissed. Lee Bae-yong had been indicted on charges of providing Kim with the gold turtle and the "Sehando" copy worth 2.65 million won in return for help with an appointment, and of instructing a secretary to destroy evidence. The first trial court sentenced Lee to 10 months in prison, suspended for two years.
The appeals court upheld the lower court's findings and said of the sentence, "There has been no change in the sentencing conditions compared with the first trial, and the sentence imposed by the lower court cannot be seen as falling outside a reasonable range."
