'Unification Church Lobbying' Ex-Director Yoon Youngho Sentenced to 1 Year and 6 Months in Appeal... Sentence Increased from First Trial
Additional Conviction for Embezzlement Related to Chanel Bag
Mandatory Mitigation Applied Under the Kim Keonhee Special Prosecutor Act
Yoon Youngho, former Global Headquarters Director of the Unification Church, who was sentenced to one year and two months in prison in the first trial for charges including delivering money and valuables to First Lady Kim Keonhee and People Power Party lawmaker Kwon Seongdong for the purpose of lobbying on Unification Church matters, has been sentenced to one year and six months in prison on appeal.
Youngho Yoon, former head of the Unification Church World Headquarters, is attending a warrant hearing at the Seoul Central District Court on July 30 last year. Photo by Yonhap News Agency
View original imageOn the afternoon of the 27th, the Seoul High Court’s Criminal Division 6-1 (Presiding Judge Kim Jongwoo) sentenced former Director Yoon to a total of one year and six months in prison on charges of violating the Political Funds Act, embezzlement in the course of duty, destruction of evidence, and violation of the Improper Solicitation and Graft Act. The sentences were six months for violation of the Political Funds Act, and one year each for violation of the Improper Solicitation and Graft Act and embezzlement in the course of duty. This is an increase of four months compared to the first trial. The court also rejected the bail request submitted by Yoon’s side.
The court stated, "Not only did he undermine the purposes of the Political Funds Act and the Improper Solicitation and Graft Act, but he also damaged constitutional values such as the separation of church and state," and added, "Given that the crimes were committed against the president-elect and his spouse, the nature of the offenses is grave and strict punishment is unavoidable."
However, the court took into consideration as mitigating circumstances that "the defendant sincerely cooperated with the investigation despite tangible and intangible pressure from the Unification Church, made significant contributions to the investigation of other crimes by testifying as a witness in other cases, and had no prior criminal record before this case."
The court also recognized as guilty the charge of embezzlement in the course of duty related to providing a Chanel bag, which had been ruled not guilty in the first trial. The first-instance court had acquitted Yoon on the grounds that, at the time, Mrs. Kim was the spouse of the president-elect and not a public official, and therefore the Improper Solicitation and Graft Act did not apply, and the use of Unification Church funds could not be considered illegal.
However, the appellate court reversed this, stating, "Regardless of whether it was before or after the presidential inauguration, there is fundamentally no difference in using religious organization funds to present gifts to the spouse." The court further explained, "Providing bribes or making improper solicitations using company funds constitutes embezzlement in the course of duty, and even if it is for the purpose of increasing company profits, the illegal use of funds cannot be permitted; the same principle applies to religious organizations."
The argument that the evidence was collected unlawfully was also rejected. Yoon’s defense claimed that the confiscated diary and KakaoTalk messages were illegally obtained evidence. However, the court acknowledged the evidentiary value, stating there was an objective link between the facts alleged in the first and second search warrants and the items seized. The defense’s claim that Jeon Seongbae, known as Geonjin Bopsa, had embezzled the Graf necklace instead of delivering it to Mrs. Kim was also dismissed.
In sentencing, the court applied the mandatory mitigation provision under Article 24 of the Kim Keonhee Special Prosecutor Act. This article allows for reduction or exemption of the sentence if the defendant provides key testimony or materials that help uncover other crimes. The court stated, "After the investigation by the Southern District Prosecutors’ Office and through the enforcement of the Kim Keonhee Special Prosecutor Act, the defendant was investigated for eight months before the indictment, during which he cooperated with the investigation by stating facts consistent with objective evidence. The defendant’s statements served as a starting point that led to the uncovering of the cases involving Han Hakja, Jeon Seongbae, and Kwon Seongdong." The court added, "The defendant testified in court that he gave 100 million won to Representative Kwon, which contributed to a guilty verdict for Kwon, and testified about delivering the bag and necklace in Mrs. Kim’s trial, contributing to partial guilty verdicts in those cases as well."
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Meanwhile, the special prosecutor's appeal regarding the destruction of evidence related to President Han Hakja’s gambling trip to Las Vegas was dismissed. The court stated, "The embezzlement and gambling case related to Las Vegas does not fall under the scope of the Kim Keonhee Special Prosecutor Act, so the original court’s dismissal of the indictment was appropriate."
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