Conviction Overturned for Violating Improper Solicitation Act... Former Prosecutor Kim Sangmin Receives Suspended Sentence in 2nd Trial for 'Kim Keonhee Nomination Solicitation'

"Even if some statements were changed, it does not make the entire testimony unreliable"

Former Deputy Prosecutor Kim Sangmin, who was sentenced to a suspended prison term in the first trial for allegedly presenting an expensive painting to First Lady Kim Keonhee in exchange for a nomination, has also received a suspended prison sentence in the appellate court. Furthermore, the appellate court overturned the lower court’s ruling that found him not guilty of violating the Improper Solicitation and Graft Act and instead found him guilty on that charge.

Yonhap News Agency

On May 8, the Criminal Division 6-2 of the Seoul High Court (Presiding Judges Park Jeongje, Min Dalgi, and Kim Jongwoo) sentenced former Prosecutor Kim to two years in prison with a three-year suspension for violating the Improper Solicitation and Graft Act, and one year in prison with a three-year suspension for violating the Political Funds Act. The court also ordered the forfeiture of over 41.38 million won.

In particular, unlike the first trial, the appellate court found that former Prosecutor Kim purchased Lee Ufan’s painting entitled ‘From Point No. 800298’ worth approximately 140 million won and delivered it to First Lady Kim Keonhee’s side around February 2023.

Previously, the first trial had questioned the credibility of the testimony, taking into account that art broker A had changed his statement. In contrast, the appellate court stated, “From the investigation stage, A consistently testified that the defendant requested the purchase of the painting, and even if some statements were changed, this does not make the entire testimony unreliable,” adding, “It is reasonable to conclude that the defendant purchased the painting through A and paid for it.”

As in the first trial, the appellate court also recognized as guilty the charge that former Prosecutor Kim illegally received a political donation of 42 million won from businessman Mr. Kim while preparing to run in the general elections.

In the first trial, only the violation of the Political Funds Act was found guilty, and former Prosecutor Kim was sentenced to six months in prison, suspended for one year, with an order to forfeit over 41 million won.

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