Seoul Mayor Oh Se-hoon, who was put on trial over allegations that a public opinion poll expense was paid on his behalf, was sentenced in the first trial to a fine of 10 million won. If the sentence is finalized, Oh will lose his mayoral post.
The Seoul Central District Court Criminal Agreement Division 22 (Presiding Judge Cho Hyung-woo, senior judge) on the 22nd sentenced Oh, who was indicted on charges of violating the Political Funds Act, to a fine of 10 million won and ordered the forfeiture of 21 million won.
Former Seoul Vice Mayor for Political Affairs Kang Chul-won, who was tried alongside him, was each sentenced to a fine of 3 million won, and businessman Kim Han-jung, known as the chair of Oh's support committee, was sentenced to a fine of 5 million won.
Oh is accused of commissioning a public opinion poll from Myung Tae-gyun's side ahead of the April 7, 2021 Seoul mayoral by-election, receiving the results, and then, through former Vice Mayor Kang, having Kim pay the 33 million won survey fee in his stead.
Oh's side said it cut ties with Myung around February 2021 and therefore did not commission any poll or ask for the expense to be paid on his behalf. Kim also said that, without Oh's instruction or request, he voluntarily commissioned a poll from Myung and paid the expense only based on personal acquaintance.
◇Court says "payment of poll costs on behalf acknowledged"
The court, however, found that Oh at the time had a motive to ask Myung's side to conduct a poll. He expected results showing him ahead of candidate Na Kyung-won, and secondarily, he hoped to create a point of contact with then People Power Party emergency committee chair Kim Chong-in, and he also needed to vet Myung.
It also found that, while continuing to commission polls, he received a total of five polls worth 21 million won out of 10 published and unpublished polls.
The court further found that businessman Kim would have had no reason to pay a large sum to Myung if he had not received a favor or request from Oh's side.
The court said, "It is hard to see any reason for Kim to pay a large sum to Myung without (Oh's) request," adding, "It is acknowledged that Oh asked Myung to conduct a poll and asked Kim to cover the expense on his behalf."
The court added, "The 21 million won in political funds illicitly received in this case is not small, and it was also tied to the purpose of realizing publication and reporting of a candidate-commissioned poll, which is prohibited under the Public Official Election Act, so the nature of the crime is poor."
◇Lose mayoral post if a fine of 1 million won or more is finalized
If a sentence of a fine of 1 million won or more is finalized for violating the Public Official Election Act or the Political Funds Act, the right to run for office is lost for five years. Under the Local Autonomy Act, a local government head must step down upon losing the right to run.
A Supreme Court ruling in Oh's case is expected next year. If the Supreme Court also finalizes a sentence imposing a fine of 1 million won or more on Oh, he must step down as Seoul mayor. He also cannot run in the next presidential election to be held in 2030.
Oh said he will appeal. Oh said, "There are only the statements of Myung Tae-gyun, the king of liars, and indirect evidence, and the sentencing was based on the premise that Myung Tae-gyun's statements seem correct despite the lack of direct evidence."