Supreme Court Confirms 10 Million Won Fine for Gyeongbuk Provincial Assembly Member Kang Mansu for Election Law Violation... Loss of Assembly Seat

The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) upheld the second trial ruling on the 12th, sentencing GANG Man-su, a member of the Gyeongsangbuk-do Provincial Council, to a fine of 10 million won in the final appeal trial. He was accused of transporting 25 million won in cash in a vehicle for distribution ahead of the 8th nationwide simultaneous local elections in 2022 (violation of the prohibition on transporting money for election purposes).

GANG Man-su, a member of the Gyeongsangbuk-do Provincial Council, who was indicted for transporting 25 million won in cash in a vehicle for distribution to voters ahead of the 8th nationwide simultaneous local elections in 2022, had a fine of 10 million won finalized. As a sentence of 1 million won or more was confirmed for violation of the Public Official Election Act, Councilman Kang lost his position.

Gang Mansu, Member of the Gyeongsangbuk-do Provincial Council. Photo by Gyeongsangbuk-do Provincial Council website

On the 12th, the Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) dismissed both the prosecutor's and Kang's appeals in the appeal trial for Kang, who was indicted for violating the prohibition on transporting money for election purposes and the prohibition/restriction on donation acts under the Public Official Election Act. The court acquitted him of the donation act violation charges and upheld the lower court ruling that found him guilty of part of the violation of the prohibition on transporting money for election purposes, sentencing him to a fine of 10 million won.

The court stated, "There is no error in dismissing Kang's appeal, as the lower court ruling that found him guilty of violating the Public Official Election Act due to transporting money for election purposes did not fail to conduct necessary examination, did not violate the rules of logic and experience, did not exceed the limits of free evaluation of evidence, and did not err in legal principles regarding the legality of arresting a person caught in the act, exclusion of illegally obtained evidence, establishment of the crime under Article 230, Paragraph 4 of the Public Official Election Act, the relationship between offenses, and the distribution of the burden of proof."

Kang was accused of distributing 1,000 towels (worth about 2.5 million won) and 100 towels (worth about 350,000 won) at local events in September 2019 and July 2020, respectively (violation of the prohibition/restriction on donation acts).

He was also accused of transporting money, divided for distribution to multiple voters, 23 times from May 19 to May 26, 2022, with the purpose of being elected as a member of the Gyeongbuk Provincial Council ahead of the 8th local elections held on June 1, 2022 (violation of the prohibition on transporting money for election purposes).

In the early morning of May 27, 2022, when Kang was arrested in flagrante delicto, 25 million won in cash was found in his vehicle. Bundles of 1 million won each, consisting of 20 bills of 50,000 won tied with rubber bands, were found: one bundle on the trunk floor, 11 bundles in a plastic bag inside the trunk, and two bundles in a handbag on the passenger seat. Five envelopes containing 1 million won each were also found in the handbag on the passenger seat, along with three bundles of untied 20 bills of 50,000 won. Additionally, three bundles of 100 bills of 10,000 won tied with NongHyup bank straps were found in the console box in front of the passenger seat.

The first trial court acquitted Kang of all charges.

Regarding the act of distributing towels at events, the court found it difficult to conclude that Kang had expressed his intention to run for election externally or that it was objectively recognizable that he intended to run for office at that time.

Regarding the act of transporting cash, the court stated, "There is suspicion that the defendant intended to transport money for election campaign purposes as alleged in this case," but "based solely on the evidence submitted by the prosecutor, it cannot be said that the charges were proven beyond a reasonable doubt."

However, the result was reversed in the second trial.

The second trial court found no problem with the first trial's acquittal regarding the towel distribution but judged that the act of transporting cash at 11:21 p.m. on May 26, 2022, the day before the arrest, was guilty among the 23 times charged by the prosecutor. The court sentenced Kang to a fine of 10 million won, which results in loss of his council membership.

The court pointed out, "Considering the circumstances, content, method of the crime, and the amount of money transported, the nature of the crime is quite serious," and added, "This crime directly contradicts the legislative intent of the Public Official Election Act to exclude the influence of money and create a fair and clean election atmosphere. The culpability is heavy, and the blameworthiness is high."

Kang claimed the money was business funds, but the court found his statement not credible based on the following: ▲ The cash was not stored in the vehicle as received from a third party but was mostly divided into 1 million won bundles tied with rubber bands or placed in envelopes by himself ▲ At the time of cash seizure, many empty envelopes, voter lists, and daily event schedules were also seized in the vehicle, which appeared necessary for distributing cash to voters and others.

Kang argued that his arrest was illegal because he was not caught in the act or immediately after the crime, and that the vehicle search and seizure were illegal. However, the court rejected this, noting that after the seizure of cash and documents accompanying the arrest in flagrante delicto, a search warrant was promptly applied for and issued.

The Supreme Court also found no problem with the second trial court's judgment.

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