Mrs. Kim, who was indicted on charges of receiving valuables including a luxury bag from the Unification Church, was sentenced in the first trial to one year and eight months in prison. However, she was acquitted of charges of participating in Deutsch Motors stock manipulation (violation of the Financial Investment Services and Capital Markets Act) and of receiving polling results for free from political broker Myeong Tae-gyun (violation of the Political Funds Act).
The Seoul Central District Court Criminal Agreement Division 27 (Presiding Judge Woo In-seong, senior judge) held a sentencing hearing at 2:10 p.m. on the 28th for a case involving violations of the Financial Investment Services and Capital Markets Act, the Political Funds Act, and bribery by brokerage under the Act on the Aggravated Punishment, etc. of Specific Crimes, and sentenced Mrs. Kim to one year and eight months in prison. The court confiscated one Graff diamond necklace that was seized and ordered the collection of 12,815,000 won, the value of a bag and Cheonsusam concentrate tea that could not be confiscated.
Regarding the bribery by brokerage charge, Mrs. Kim was brought to trial on allegations that from April to July 2022 she colluded with Geonjin, Jeon Seong-bae, and received valuables worth about 80 million won, including a Graff diamond necklace and a Chanel bag, along with a request for support for the denomination from former Unification Church World Headquarters Director Yoon Young-ho. Based on witness statements and other evidence, the court found her guilty, concluding that it was established that Mrs. Kim received the valuables.
By contrast, the Deutsch Motors stock manipulation charge was found not guilty. Mrs. Kim had been arrested and indicted on allegations that from Oct. 2010 to Dec. 2012 she colluded with former Deutsch Motors Chairman Kwon Oh-soo, account manager Lee Jong-ho, former Black Pearl Invest CEO, and others to rig prices through high-priced purchases, wash trades, and coordinated trades, obtaining about 811.44 million won in unlawful gains.
The court found that the statute of limitations had run on some charges, and judged the remaining charges not guilty due to a lack of proof of the crime. While noting there was some room to see that Mrs. Kim recognized and tolerated the possibility that her funds might be used for price manipulation, the court found it difficult to conclude she executed the crime as a joint principal with the manipulation forces.
She was also acquitted on the suspicion that Myeong Tae-gyun provided polling for free. From June 2021 to March 2022, Mrs. Kim faced charges (violation of the Political Funds Act) that, in collusion with former President Yoon Suk-yeol, she received polling results worth about 270 million won for free on 58 occasions. The court found that even if it is acknowledged that Myeong delivered polling results, it is difficult to view this as the acquisition of a benefit equivalent to the expense, and that Mrs. Kim did not direct the polling, and thus found her not guilty.
Regarding Mrs. Kim, the court said, "The president is vested with state authority based on the Constitution, and the first lady, the president's spouse, can exert a profound influence from the closest position and is a symbolic figure who represents the nation together with the president," adding, "Conduct befitting that role is required, and a high level of integrity is fundamentally demanded."
It continued, "Nevertheless, the defendant failed to reject and accepted expensive luxury items offered in connection with the Unification Church's solicitation, and was preoccupied with personal adornment. The defendant misused her position as a means of pursuing profit," adding, "She also (asked) people around her to give false statements regarding the receipt of valuables."
However, the court said, "There is no indication that the defendant first requested the provision of such valuables, and no circumstances have been found showing that the defendant conveyed former Unification Church World Headquarters Director Yoon Young-ho's solicitation to her spouse, the (former) President Yoon Suk-yeol, thereby realizing that solicitation," adding, "In determining the sentence, we took into account that she belatedly admitted and reflected on her inconsiderate attitude in accepting the bag."
Previously, the Kim Keon-hee special prosecutor sought 11 years in prison, a fine of 2 billion won, and forfeiture of about 810 million won for the bribery by brokerage charge, and four years in prison and forfeiture of about 130 million won for the violation of the Political Funds Act. In her final statement, Mrs. Kim said there was "room for dispute" over what the special prosecutor argued, but added, "I am sincerely sorry for causing concern to the public because of me."
This ruling was noted as the first case in which both a former president and spouse received prison terms. Earlier, the court sentenced the former president to five years in prison on charges including obstructing the arrest by the Corruption Investigation Office for High-ranking Officials. Mrs. Kim's sentencing hearing was broadcast live on TV and YouTube.