'Moon Bokshim' Kim Kyung-soo sentenced to 2 years in prison confirmed... 'Comment manipulation' concluded after 3 years (Comprehensive)

Kim Kyung-soo, Governor of Gyeongnam Province [Image source=Yonhap News]

[Asia Economy Reporters Oh Ju-yeon, Cho Sung-pil] The Supreme Court has finalized a two-year prison sentence for Kim Kyung-soo, Governor of Gyeongnam Province, who was prosecuted in the 'Druking Comment Manipulation' case. Governor Kim is expected to be re-incarcerated after taking time to settle his personal affairs. In addition to losing his position as governor, his eligibility to run for office will be restricted for five years after completing the sentence.

"No error in the original judgment"

The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) dismissed the appeal on the morning of the 21st and upheld the original ruling against Governor Kim, who was charged with computer-related obstruction of business and violation of the Public Official Election Act. The court stated, "There is no error such as failure to conduct necessary hearings, violation of the rules of logic and experience, exceeding the limits of free evaluation of evidence, misinterpretation of the law regarding the establishment of co-conspirator liability, contradictions in reasoning, insufficient reasoning, or omission of judgment." The previous second trial found Governor Kim guilty of computer-related obstruction of business and sentenced him to two years in prison, while acquitting him of the Public Official Election Act violation.

The key issue in this case was whether Governor Kim witnessed the demonstration of the macro (automatic input repetition) program 'King Crab' at Druking's office. If he had observed the demonstration, it would support the special prosecutor Heo Ik-beom's indictment that Kim ordered comment manipulation and received reports from Druking. The special prosecutor argued that based on Druking's testimony that "Governor Kim nodded in approval after watching the demonstration," Kim should be punished as an accomplice. Governor Kim denied this, stating, "I did not even know about the existence of King Crab and did not watch the demonstration." Both the first and second trials concluded that Governor Kim's attendance at the King Crab demonstration was proven beyond reasonable doubt, and the Supreme Court affirmed this conclusion. The Supreme Court also found no error in acquitting him of the Public Official Election Act violation in the second trial, reasoning that for such a violation to be established, the existence of a specific election and a specific candidate must be recognized, which was not applicable in Kim's case.

Supreme Court Building in Seocho-dong, Seoul [Image source=Yonhap News]

Kim faces re-incarceration... Moon and the ruling party on the defensive

With the prison sentence finalized, Governor Kim is expected to be incarcerated at Changwon Prison, known to be the correctional facility for his residential jurisdiction. However, since the Supreme Prosecutors' Office must receive the judgment from the Supreme Court, verify Kim's address, and request the relevant prosecution office to execute the sentence, it is unlikely that Kim will be imprisoned on the same day. Kim will lose his governorship and will be barred from running for election for five years after serving the two-year sentence. Elected officials are disqualified from office if sentenced to a fine of 1 million won or more for violating the Public Official Election Act or receive a prison sentence of imprisonment or higher in general criminal cases.

Political circles expect intensified political attacks targeting President Moon Jae-in and the Democratic Party of Korea. Presidential candidates from the ruling party, who had been courting Governor Kim to consolidate the pro-Moon faction, will find themselves on the defensive. Especially since Kim played a key role as the ruling party's foothold in the Gyeongnam region, competition between the ruling party to fill the 'key man' vacancy in Gyeongnam and the opposition party to capture votes in the Busan, Ulsan, and Gyeongnam (Bu-Ul-Gyeong) area is expected to become fiercer.

Kim Kyung-soo, Governor of Gyeongnam Province. Photo by Hyunmin Kim kimhyun81@

Defense attorney: "Great disappointment in guilty verdict... Considering retrial"

Governor Kim was accused of conspiring with Kim Dong-won, known as 'Druking,' and his associates to manipulate public opinion using the automated program (macro) 'King Crab' to help the election of Moon Jae-in, then the Democratic Party's presidential candidate, starting from November 2016 (computer-related obstruction of business). He was also tried for allegedly proposing the position of Consul General in Sendai, Japan, to Kim Dong-won in 2017 to continue comment manipulation through the local elections (violation of the Public Official Election Act).

The Supreme Court's decision comes three years after the indictment in August 2018. Druking, who was indicted as a co-conspirator, had his three-year prison sentence finalized by the Supreme Court in January last year. Kim's trial was significantly delayed due to a postponed sentencing and a change of judges during the appellate trial. He was sentenced to two years in prison and detained after the first trial but was granted bail in April 2019 after 77 days and has since been on trial without detention. On the day of the ruling, Kim took a leave of absence and went to the official residence. He said, "I have done everything I can to reveal the truth." Meanwhile, Kim's defense attorney said, "We cannot hide our great disappointment in the Supreme Court, which we believed would discover the substantive truth beyond falsehoods," adding, "Since retrials require legal conditions, we plan to discuss and consider this with Governor Kim Kyung-soo."

This content was produced with the assistance of AI translation services.