A trial court fined a businessperson who covered the expense of an election vehicle during former Director General Prosecutor Kim Sang-min's preparations to run for the general election. The court found guilty the exchange of money outside the method set by the Political Funds Act, but did not impose a prison sentence, considering that the support was provided at the request of former Director General Prosecutor Kim.
The Seoul Central District Court Criminal Agreement Division 21 (Presiding Judge Cho Soon-pyo) on the 15th sentenced a businessperson surnamed Kim, who was indicted on a charge of violating the Political Funds Act, to a fine of 10 million won. Prosecutors had sought two years in prison for Kim.
Kim was brought to trial on a charge of providing about 42 million won, including election vehicle lending fees and insurance premiums, around Dec. 2023 to former Director General Prosecutor Kim, who was preparing to run in the 22nd general election. The crux of the indictment is that Kim covered the candidacy preparation expense without going through a sponsorship committee or election accounting procedures.
The court found that the responsibility for violating the Political Funds Act was not small. The court said, "The defendant violated the strictly limited donation methods under the Political Funds Act, which are designed to ensure the transparency of political funds and secure the foundation of democracy, so the culpability is not light." The Political Funds Act limits donation methods and accounting to reveal the sources and uses of money spent on elections and political activities. What the court took issue with was not simple financial support, but that money in the nature of election expense was provided outside the system.
However, in sentencing, the court determined it was hard to see Kim as having taken the lead in providing political funds. The court explained, "It was considered a favorable circumstance that the donation was made at the active request of former Director General Prosecutor Kim." Kim's side claimed to have recovered 35 million won of the support amount, but the court did not view that as a factor to consider in determining the sentence.
This case is one strand of the political funds and nomination influence-peddling suspicions surrounding former Director General Prosecutor Kim. Former Director General Prosecutor Kim received a sentence of one year in prison, suspended for three years on appeal, on a charge of taking illegal political funds from Kim.
Former Director General Prosecutor Kim is also on trial on a charge of handing over an expensive painting to First Lady Kim Keon-hee in return for a nomination request. In the appeal trial of that Improper Solicitation and Graft Act violation case, a sentence of two years in prison, suspended for three years, was imposed.