Former lawmaker Lee Seong-man was acquitted on appeal after being indicted in 2021 over allegations of receiving cash envelopes tied to the Democratic Party of Korea. This overturns the lower court ruling that had given him a suspended prison sentence.
The Seoul High Court Criminal Division 7 (Presiding Judges Lee Jae-gwon, Park Joo-young, and Song Mi-kyung) on the afternoon of the 19th acquitted the former lawmaker, who had been indicted on charges of violating the Political Funds Act and the Political Parties Act.
The court found that the mobile phone of former Democratic Party Deputy Secretary-General Lee Jeong-geun, which was the starting point of the investigation, constituted illegally collected evidence and ruled it inadmissible.
Earlier, while investigating Lee Jeong-geun on charges of influence peddling, prosecutors found a transcript on her mobile phone containing content connected to the former lawmaker's alleged receipt of cash envelopes. Prosecutors submitted this transcript as evidence in the former lawmaker's case, and the court took issue with this point.
The court said, "The prosecutor kept Lee Jeong-geun's mobile phone and then submitted it as evidence in the former lawmaker's cash-envelope case," adding, "For a separate case, a separate search-and-seizure warrant must also be obtained, but that was not done, so the mobile phone constitutes illegally collected evidence."
The court continued, "Excluding evidence that lacks evidentiary capacity, there is insufficient proof of the former lawmaker's charges, and there is no other evidence to recognize them," adding, "Therefore, we overturn the lower court's ruling and enter an acquittal."
By contrast, in Aug. last year the trial court recognized the evidentiary capacity of the mobile phone and found all of the former lawmaker's charges guilty. The first-instance court sentenced the former lawmaker to nine months in prison, suspended for two years, and ordered the forfeiture of 3 million won.
When the appellate court acquitted him that day, the former lawmaker, who appeared in court, sobbed heavily and shed tears.
The former lawmaker is accused of attending a support gathering for Song Young-gil, then leader of the Democratic Party of Korea (now leader of the Pine Tree Party), on Apr. 28, 2021, and receiving from former lawmaker Yoon Kwan-seok a cash envelope containing 3 million won.
In March of the same year, he is also accused of providing a total of 11 million won, including 1 million won to former Democratic Party Deputy Secretary-General Lee Jeong-geun for the alleged operating expenses of Song's primary campaign, and 10 million won in off-book campaign funds to Kang Rae-gu, former standing auditor of the Korea Water Resources Corporation (K-water), for provision to a regional headquarters chief.