Lawmaker Yoon Mee-hyang Accused of Embezzling Donations from Jeonguiyeon... Fined 15 Million Won in First Trial (Summary)

[Asia Economy Reporter Choi Taewon] Yoon Mee-hyang, an independent lawmaker who was tried for embezzling donations meant for Japanese military comfort women victims, was sentenced to a fine of 15 million won in the first trial. Despite being acquitted of all charges except for partial embezzlement, Yoon announced her intention to appeal.

Independent lawmaker Yoon Mi-hyang, accused of misappropriating funds donated to the Justice Memory Solidarity, is stating her position as she leaves after receiving a fine in the first trial for violations of the Subsidy Management Act and the Act on the Collection and Use of Donations at the Seoul Western District Court in Mapo-gu, Seoul on the 10th.
Photo by Choi Tae-won skking@

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On the 10th, Judge Moon Byung-chan of the 11th Criminal Division at the Seoul Western District Court sentenced Yoon, who was indicted on charges including violation of the Act on the Management of Subsidies and the Act on the Collection and Use of Donations, fraud, embezzlement in the course of duty, and breach of trust, to a fine of 15 million won. The court stated, "It is recognized that about 17 million won was personally embezzled from funds kept in the corporate account of the Korean Council for Justice and Remembrance for the Issues of Military Sexual Slavery by Japan (Jeongdae-hyeop) and personal accounts." However, the court acquitted her of all other charges except for some embezzlement in the course of duty. A director A of the Justice and Memory Foundation (Jeonguiyeon), who was indicted together, was also acquitted. Earlier, the prosecution had demanded a five-year prison sentence for Yoon and a three-year prison sentence for A in January.

The court explained the sentencing by saying, "Considering the timing, frequency, and usage of the amount, the degree of breach of duty does not appear to be severe," and "It is difficult to see that Yoon transferred money to a personal account with the intention of planned embezzlement." Furthermore, "Yoon has worked as an activist under harsh conditions for 30 years and donated more than the amount recognized as guilty," and "Considering appeals for leniency from activists of various domestic organizations, the sentence was given with these circumstances in mind."

Yoon is accused of embezzling 103.7 million won in donations for comfort women victims while serving as the chairperson of Jeonguiyeon from 2011 to 2020 and as the representative of Jeongdae-hyeop, the predecessor of Jeonguiyeon. However, the court recognized only about 17 million won as embezzled, stating, "Although the funds were not used according to the fundraising purpose, if there is a possibility that they were used directly or indirectly in relation to Jeongdae-hyeop's activities, it is difficult to hastily acknowledge intent and illegal gain."

All other charges were acquitted. The prosecution's claim that Yoon and A failed to register fundraising plans with the competent authorities while raising about 4.1 billion won in donations through Jeongdae-hyeop, Jeonguiyeon, and the Justice and Memory Foundation from 2015 to 2020 was also rejected. The court ruled that condolence money collection cannot be considered donations, and the remaining amounts were deemed legitimate fundraising.

The charge of inducing comfort woman victim grandmother Gil Won-ok to donate 79.2 million won to Jeonguiyeon by exploiting her dementia symptoms was also acquitted. The court did not consider grandmother Gil to have severe dementia and noted that she had previously donated to resolve the comfort women issue, thus rejecting the claim.

The allegation that the museum operated by Jeongdae-hyeop fraudulently received over 300 million won in subsidies from the government and Seoul city from 2013 to 2020 by falsifying the employment of curators, a legal registration requirement, was also dismissed. The court explained that although some improper means were used to receive subsidies, there was intent and ability to carry out the subsidized projects, subsidies were paid as compensation for project execution, and the projects were properly conducted, making it difficult to consider the subsidies as obtained by deception or fraud.

The charge of illegally receiving about 65 million won in personnel subsidies across seven projects, including applications for subsidies from the Ministry of Gender Equality and Family from 2014 to 2020, was also acquitted. The court judged, "The Ministry of Gender Equality and Family provided subsidies on the premise of project execution, and Jeongdae-hyeop carried out the projects and paid corresponding salaries."

The charge of collecting 170 million won in donations into a personal account under the name of the Butterfly Fund for supporting overseas sexual violence victims and the funeral expenses of the late grandmother Kim Bok-dong was also rejected. The court ruled that since these were lump-sum donations collected from ’members‘ of Jeongdae-hyeop, they do not fall under the scope of the Donation Act, and there was no act of collecting Butterfly Fund donations into her personal account after the Butterfly Fund account was opened under Jeongdae-hyeop’s name. Regarding the funeral expenses, the court explained that since these were funeral committee fees paid by funeral committee members, they are not considered donations under the Donation Act.

The allegation of breach of trust during the purchase process of the Anseong shelter was also dismissed, as it was difficult to see that property damage occurred corresponding to the difference from the market price at the time, which was unknown.

After the trial, Yoon stated, "Most of the prosecution’s excessive charges were found not guilty," and "Although only a very small part of the over 100 million won embezzlement charge, about 17 million won, was recognized as guilty, I did not embezzle even that part." She added, "I will sufficiently clarify that part through the remaining appeal process."

Meanwhile, Yoon retained her seat as a lawmaker due to the fine sentence. A member of the National Assembly loses their seat if sentenced to imprisonment without suspension or more for general criminal cases, including suspended sentences, or fined 1 million won or more for violations of the Public Official Election Act.

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