The appeal trial over allegations including Deutsch Motors stock manipulation involving Kim Keon-hee began on the 25th. Kim received a sentence of one year and eight months in prison and a forfeiture of about 12 million won at the first trial, but asserted her innocence again on appeal. In particular, regarding the allegation of receiving money and valuables from the Unification Church, for which part of the charges were found guilty at the first trial, the defense countered that it was merely received as a courtesy and for relationship-building.
The Seoul High Court Criminal Division 15-2 (presiding judge Shin Jong-o, high court judge) held the first appeal hearing that day on Kim's case on charges including violations of the Financial Investment Services and Capital Markets Act.
The first trial sentenced Kim to one year and eight months in prison and a forfeiture of about 12 million won. At the time, the court found her not guilty of the Financial Investment Services and Capital Markets Act violation charge stemming from the Deutsch Motors stock manipulation allegation and the Political Funds Act violation charge related to Myung Tae-gyun, and found her partially guilty only of violating the Act on the Aggravated Punishment of Specific Crimes (brokerage bribery) in connection with receiving money and valuables from the Unification Church.
On appeal, both sides again focused on the alleged violation of the Financial Investment Services and Capital Markets Act. The special prosecutor argued that the first trial erred in finding Kim not guilty, asserting that she qualifies as a co-principal who committed the offense together with the stock-manipulation ring. The special prosecutor also said Kim recognized, when she handed funds and accounts to Black Pearl Invest, that they planned to artificially pump up the stock price. The special prosecutor added that even if co-principal liability is not recognized, she should at least be punished as an accessory who aided the crime.
Kim's side countered that the first trial's not-guilty finding was not in error. They argued that, among the accomplices other than former Deutsch Motors Chairman Kwon Oh-soo, there is no evidence or circumstance showing any direct contact with Kim.
The alleged Political Funds Act violation related to Myung was also taken up as an issue. The special prosecutor argued that the original ruling was wrong to find that the couple of former President Yoon Suk-yeol could not be seen as having obtained a property benefit because Myung distributed the poll results to several people. The special prosecutor said the first trial overlooked that, unlike ordinary money or goods, public-opinion polls grow more influential the more they spread to an unspecified number of people.
Kim's side rebutted that the alleged Political Funds Act violation also does not stand. They argued it was merely that Myung unilaterally conducted a poll and then sent the results.
On the brokerage bribery charge, part of which was found guilty at the first trial, the special prosecutor and Kim's side clashed head-on. The special prosecutor argued that because Kim received a tacit request from the Unification Church side and accepted items such as bags, the entire charge should result in a guilty verdict. Kim's side, by contrast, argued that the receipt of those valuables was merely a courtesy and for relationship-building, and that the entire charge should be found not guilty.
At a preparatory hearing on the 11th, the court said it would deliver a verdict on the 28th of next month.