Oh Sehoon: "Unacceptable Verdict"... Special Prosecutor: "Political Prosecution Claim Proven False" (Comprehensive 2nd Report)
Oh Se-hoon Handed "Election-Nullifying Sentence" in First Trial
"Oh Insists on Full Acquittal, Announces Immediate Appeal"
Oh: "Only Indirect Evidence, Testimony of a Notorious Liar"
Special Prosecutor: "Will Consider Appeal After Reviewing Acquittals and Fine"
Oh Se-hoon, the mayor of Seoul, has been sentenced at his first trial to a fine of 10 million won—a so-called “election-nullifying sentence”—for receiving poll results from Myung Tae-kyun and having a sponsor pay for them on his behalf. If this sentence is finalized by the Supreme Court, Mayor Oh will lose his position as Seoul mayor. Oh’s team immediately announced their intention to appeal, stating, “This is an unjust verdict with no direct evidence.” On the other hand, the special prosecutor’s team described it as “a meaningful ruling based on evidence and legal principles.”
The 22nd Criminal Division of the Seoul Central District Court, presided over by Chief Judge Cho Hyung-woo, sentenced Mayor Oh to a fine of 10 million won at 2 p.m. on July 22, in the first-instance verdict on the political funds law violation charge. Kang Chul-won, former Vice Mayor for Political Affairs of Seoul, who was tried together, was fined 3 million won, and Kim Han-jung, the sponsor accused of paying for the poll on Myung’s behalf, received a fine of 5 million won.
According to the Public Official Election Act, if a fine of 1 million won or more for violating the Political Funds Act is confirmed, eligibility for candidacy is revoked. Heads of local governments who lose eligibility are immediately disqualified, and must step down from office.
Mayor Oh was indicted on charges of receiving the results of a total of ten opinion polls (three public, seven non-public) from Myung in the run-up to the April 7, 2021 Seoul mayoral by-election, and having sponsor Kim—through then-chief of staff Kang—pay 33 million won in expenses on his behalf. The court found that 21 million won of that amount (for five polls) constituted illegal payment of poll expenses and ruled him guilty on that count.
Immediately after the verdict, Mayor Oh, leaving the courtroom with a stern expression, strongly criticized the court’s guilty verdict. Meeting with reporters on his way out, he said, “I sincerely apologize to the public for causing concern,” and continued, “Of the ten public and non-public polls, five were recognized as guilty today by the court, but I cannot accept that. I am convinced a not guilty verdict is appropriate for all of them.”
In particular, he criticized the court’s evidentiary decisions, stating, “There was only the testimony of Myung Tae-kyun—a notorious liar—and indirect evidence, but not a single piece of direct evidence. The ruling was handed down on the premise that Myung’s testimony was somehow credible. I will fight this fiercely on appeal.”
Previously, special prosecutor Min Jung-ki’s team had characterized the payment Kim made to Myung as illegal campaign funds for Mayor Oh and former Vice Mayor Kang. The special prosecutor’s office viewed the actions of all three as “illegal giving and receiving of political funds,” banned under Article 45, Clause 1 of the Political Funds Act, and indicted them last December, seeking a one year and six month prison sentence for Mayor Oh.
The special prosecutor’s team dismissed Mayor Oh’s side’s arguments following the sentence. Special Prosecutor Park No-su told reporters, “The defendants have consistently claimed this was a ‘political prosecution based on incredible testimony with zero evidence’ or ‘a ridiculous indictment reversing victim and perpetrator.’ I believe this decision demonstrates these claims are completely false.” Park continued, “We are grateful to the court for issuing a guilty verdict based solely on the evidence and legal principles we presented, independent of the defendants’ political assertions and without any political consideration.”
However, on the matter of whether to appeal, the special prosecutor’s side showed caution. Park said, “Not everything resulted in guilty verdicts—some parts were acquitted, and although we requested a prison sentence, the court imposed only a fine. We will review the written judgment in detail before deciding whether to appeal.”
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With Mayor Oh having been handed a sentence that could lead to loss of office in the first trial, it is now inevitable that both his administrative momentum and his prospects as a presidential contender will suffer significant setbacks pending appeals and the final Supreme Court ruling.
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