Yoon Suk-yeol, the former president, will receive a first-trial ruling on charges of announcing false facts during the 20th presidential election about Geonjin Jeon Seong-bae and former Yongsan Tax Office chief Yoon Woo-jin. If a sentence of a fine of at least 1 million won is finalized, attention also turns to the fate of about 39.7 billion won that the People Power Party would have to return to the national treasury.
The Seoul Central District Court's Criminal Agreement Division 21 (Presiding Judge Cho Soon-pyo) will hold a sentencing hearing at 2 p.m. on the 27th in the case of the former president's alleged violation of the Public Official Election Act. The court approved broadcasters' requests for live coverage and the special counsel on Kim Keon-hee's request for recorded coverage.
On Dec. 14, 2021, when he was a presidential candidate, the former president is accused of saying at a Kwanhun Club invitational debate that he had not introduced attorney Lee Nam-seok, a former member of the Supreme Prosecutors' Office's Central Investigation Department, to former chief Yoon. He is also accused of saying in an interview at the Buddhist Leaders Forum launch event on Jan. 17, 2022, that he had been introduced to Jeon by a party official and had never met him together with first lady Kim Keon-hee.
The special counsel concluded that the former president personally introduced attorney Lee to the former chief, and that Jeon also first met through the introduction of Ms. Kim and maintained a long-standing relationship, yet made statements contrary to the facts during the campaign to block suspicions. Arguing that announcing false facts is a serious crime that affected voters' judgment and the election outcome, the special counsel sought a two-year prison sentence.
The former president's side countered that one should not determine falsity by isolating only part of the remarks. Considering the context of the questions and the former president's awareness and memory at the time, they said there was no intent and he simply answered truthfully. The court will determine whether the two remarks are objectively false and whether the former president, recognizing the falsity, made them with the purpose of being elected.
Under Article 264 of the Public Official Election Act, if the winner receives a finalized sentence of a fine of at least 1 million won for violating the act in the relevant election, the election is invalidated. Article 265-2 of the same law provides that if the invalidation sentence of a presidential candidate recommended by a political party is finalized, the recommending party must return the deposit refunded and the election expenses reimbursed.
The National Election Commission reimbursed about 39.4 billion won in 2022 after deducting about 1.47 billion won from the 40.86427 billion won claimed by the People Power Party. Adding the 300 million won presidential election deposit refunded brings the return amount to about 39.7 billion won. The obligation to return does not arise with only a first-trial sentence; a finalized sentence of a fine of at least 1 million won is required. Once the National Election Commission notifies the amount, the People Power Party must pay within 30 days from the date of notification.