'Illegal Land Purchase in Land Transaction Permission Zone' Kim Kyung-hyup Acquitted in Appeal... Retains Parliamentary Seat
Kim Kyung-hyup (60), a member of the Democratic Party who was sentenced to lose his parliamentary seat in the first trial for illegally purchasing land within a designated land transaction permission zone, was acquitted in the appellate trial.
The Criminal Appeals Division 3 of the Incheon District Court (Presiding Judge Won Yong-il) overturned the original verdict on the 8th during the appellate sentencing hearing, which had sentenced Kim to six months in prison with a two-year probation for violating the Act on Reporting and Using Specified Real Estate Transaction Information, and acquitted him.
Additionally, Lee Sang-soo (76), former Minister of Labor, who was prosecuted on the same charges for selling the land to Kim and was sentenced in the first trial to four months in prison with a two-year probation, was also acquitted.
The appellate court stated, "The defendants entered into the land sales contract on the premise of obtaining land transaction permission, and it does not appear impossible to obtain permission according to relevant laws and standards," adding, "Based solely on the evidence submitted in this case, it is insufficient to recognize that the defendants engaged in illegal real estate transactions."
It continued, "The defendants agreed to transfer the compensation for expropriation of the land designated as a public housing project site before the land transaction, but the right to use and benefit remained with the original owner (former Minister Lee). Furthermore, the subsequent establishment of related mortgages cannot be evaluated as a new land contract being concluded," it added.
Previously, the first trial court, in its sentencing hearing in May, stated, "Although the defendants denied the charges, the evidence recognizes the intent to avoid obtaining land transaction permission," and considering the large amount involved in the land transaction and the defendants’ denial and lack of remorse, sentenced Kim to lose his parliamentary seat.
Kim was prosecuted for entering into a contract in May 2020 to purchase 668㎡ of land in Yeokgok-dong, Bucheon-si, Gyeonggi Province, within a designated land transaction permission zone, from former Minister Lee for 500 million KRW without obtaining permission from the local government.
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This land had been designated as a land transaction permission zone since December 2018, requiring notification and permission from Bucheon City for any transaction. Furthermore, in December 2019, the land was designated as a public housing project site and included in the compensation target, with the expropriation compensation for the land Kim purchased for 500 million KRW reportedly set at 1.1 billion KRW.
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