The appeal ruling in the case of Lee Jae-myung, leader of the Democratic Party of Korea, on charges of 'violating the Public Official Election Act' will be delivered on March 26 at 2 p.m. The prosecution has requested a prison sentence of two years, similar to the first trial. Previously, in the first trial, Lee was sentenced to a one-year suspended prison term for 'disqualification from office'.
The Seoul High Court Criminal Division 6-2 (Director General Choi Eun-jung, Lee Ye-seul, Jeong Jae-o) held an appeal hearing on Lee's alleged violation of the Public Official Election Act on the 26th and stated, "We will deliver the ruling (on this case) here in this courtroom at 2 p.m. on Wednesday, March 26." The court added, "If there are any additional rebuttals or references you wish to submit, it would be helpful if you could organize and submit them quickly."
Earlier, Lee stated during the Democratic Party's presidential primary period in 2021 that he was unaware of Kim Moon-gi, former head of the Seongnam Urban Development Corporation, who was involved in the Daejang-dong development, while he actually knew him. He was indicted in September 2022 for falsely stating during a parliamentary audit that he had adjusted the zoning for the Baekhyeon-dong development site due to threats from the Ministry of Land, Infrastructure and Transport.
The first trial court sentenced Lee to a one-year suspended prison term on November 15 last year for 'disqualification from office'. The prosecution also sought a two-year sentence in the first trial. At that time, the court recognized Lee's remarks claiming he had 'not played golf with Kim Moon-gi' and related comments regarding Baekhyeon-dong as false statements (guilty). However, the court judged that Lee's claim of 'not knowing Kim Moon-gi' was a statement regarding his 'awareness' rather than an act denying acquaintance, ruling it as not guilty. Both Lee and the prosecution appealed the first trial verdict.
On this day, the prosecution sought a two-year prison sentence for Lee, consistent with the first trial. The prosecution noted, "If the application of the Public Official Election Act changes based on the defendant's status, political circumstances, disqualification from candidacy, or political party affiliation, it would undermine the intent of the Public Official Election Act, which aims to realize democracy through elections," adding, "To uphold the constitutional values of fairness in elections and democracy, strict punishment is essential regardless of position."
Conversely, Lee's attorney stated, "This case is an extraordinary indictment against a presidential candidate who lost," adding, "The facts in this case differ from typical false statement disseminations and represent a continuation of investigations and indictments aimed at removing Lee as a political rival." The attorney continued, "If any part of this case is deemed guilty, I sincerely hope that the sentencing considers Lee's ability to continue living as a politician."
Additionally, Lee stated during his final remarks that, "I have never said anything I consider false." He added, "Typically, penalties for violating false statement dissemination are fines of 700,000 to 900,000 won, but this case is seeking a two-year actual prison sentence," asserting, "This does not seem like a normal exercise of prosecutorial authority." He remarked, "If I am interpreted as having said something I did not say, how would politicians express themselves?"
Furthermore, after the trial concluded, Lee told reporters outside the court, "What matters is not the sentence but the truth," and expressed confidence that "the judiciary will wisely and justly evaluate based on substantive truth."
If Lee is sentenced to a fine of over 1 million won for violating the Public Official Election Act and that ruling is confirmed by the Supreme Court, he will lose his legislative position. Additionally, if a suspended sentence is confirmed before the next presidential election, his eligibility to run for office will be revoked for 10 years. The Democratic Party must also return approximately 43.4 billion won received for election expenses from the last presidential election to the National Election Commission.
Meanwhile, Lee is undergoing five trials, including this case: ▲ violation of the Public Official Election Act ▲ false testimony aiding the prosecution ▲ favoritism allegations regarding the Daejang-dong development ▲ illegal remittance to North Korea involving SSANGBANGWOOL ▲ misuse of corporate credit cards during his tenure as Governor of Gyeonggi Province. Among them, the false testimony aiding case received a not guilty verdict in the first trial on November 26 last year, and the prosecution has appealed. This case is scheduled for its first appeal preparatory hearing on the 11th of the following month.