Kim Sang-min, a former prosecutor sentenced to a suspended prison term for allegedly giving artwork worth 140 million won to Kim Geon-hee in exchange for political favors, will have his appeal heard by the Supreme Court on July 23.
According to legal sources on July 15, the Supreme Court's Third Division, led by Justice Lee Heung-gu, has scheduled the ruling on Kim's appeal for 11 a.m. on that date.
Kim is accused of violating the anti-corruption law by delivering Lee U-hwan's artwork 'Dot from No.800298' to Kim Geon-hee in 2023 while soliciting nominations for the 22nd National Assembly elections. The case began in earnest after Kim was arrested and indicted by Special Prosecutor Min Jung-ki's team in October of last year.
Additionally, Kim faces charges of receiving illegal political funds amounting to approximately 42 million won from businessman Kim in December 2023 while preparing to run for the National Assembly elections.
However, the judgments in the first and second trials differed. The first trial court found Kim guilty only of violating the political funds law related to the vehicle support, sentencing him to six months in prison with a one-year suspension and ordering him to forfeit about 41.39 million won. The court ruled there was insufficient evidence to prove that the artwork was actually delivered to Kim Geon-hee and deemed the key witness's testimony unreliable.
In contrast, the appellate court reached a different conclusion. It determined, based on the testimony of an art dealer and appraisal results, that the artwork was genuine and had indeed been delivered to Kim Geon-hee. The court particularly cited the dealer's testimony that Kim had said, 'Kim Geon-hee liked the painting' as a key piece of evidence for the conviction.
Furthermore, the appellate court concluded that Kim was aware of the potential influence of the president's spouse and recognized the connection between the artwork and the ruling party's nominations and high-ranking public appointments. As a result, he was sentenced to two years in prison with a three-year suspension for violating the anti-corruption law and one year in prison with a three-year suspension for violating the political funds law, while the forfeiture order was maintained.
On the other hand, Kim's legal team argued that the artwork was a forgery and therefore could not be considered a bribe under the anti-corruption law, claiming that the appellate court's acknowledgment of the artwork's delivery to Kim Geon-hee was erroneous.
* This article has been translated by AI.
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