Former senior prosecutor Kim Sang-min, who handed over an expensive painting by artist Lee Ufan while asking Kim Keon-hee for a party nomination, received a finalized suspended prison sentence.
The Supreme Court's No. 3 Petty Bench (Presiding Justice Lee Heung-gu) on the 23rd finalized the lower court ruling that sentenced former prosecutor Kim to a suspended prison term on charges of violating the Improper Solicitation and Graft Act and the Political Funds Act.
The appellate court sentenced former prosecutor Kim to two years in prison, suspended for three years, for violating the Improper Solicitation and Graft Act. For violating the Political Funds Act, it sentenced Kim to one year in prison, suspended for three years, and ordered forfeiture of 41.39 million won.
Former prosecutor Kim was indicted and detained by the special counsel team led by Min Joong-ki last October on charges of requesting a party nomination for the general election while delivering to the first lady's side in February 2023 Lee Ufan's painting "From Point No. 800298," valued at 140 million won.
While preparing to run in the general election, former prosecutor Kim also faced a charge of violating the Political Funds Act by having a businessman, a person surnamed Kim, cover 41.39 million won including election vehicle lending fees.
In the first trial, only the charge of violating the Political Funds Act was found guilty, and Kim was sentenced to six months in prison, suspended for one year, with forfeiture of 41.39 million won. Regarding the nomination solicitation, the court did not recognize the charge, saying the painting might not have been delivered to the first lady.
In the second trial, the court also found Kim guilty of violating the Improper Solicitation and Graft Act and increased the sentence. The appellate panel found credible the art broker's statements that "former prosecutor Kim asked to purchase the painting, saying it was to be delivered to the first lady," and that "after the painting was delivered, former prosecutor Kim called and said (the first lady) was extremely pleased."
The Supreme Court dismissed the appeal, finding no error in the lower court's judgment.