Seoul Mayor Oh Se-hoon Acquitted in Polling Scandal Appeal

Seoul Mayor Oh Se-hoon has been acquitted in an appeal regarding allegations of financing polling results through a political broker, Myung Tae-kyun.

The Seoul High Court's Criminal Division 7, led by Judge Koo Hoe-geun, overturned the lower court's ruling that had sentenced Oh to a fine of 10 million won and ordered the forfeiture of 21 million won. Businessman Kim Han-jeong and former Seoul Deputy Mayor Kang Cheol-won, who were also charged, were similarly acquitted.

Oh was indicted in December 2022 for allegedly receiving polling results from Myung on ten occasions before the April 2021 Seoul mayoral by-election and having Kim cover the 33 million won cost.

The court stated, "The testimony of Myung Tae-kyun regarding the charges is overall difficult to believe," rejecting the credibility of his statements that had formed the basis for the initial guilty verdict.

The judges noted, "There are circumstances that make it hard to clearly distinguish between Myung's firsthand experiences and those based on mere speculation or exaggeration. He often provided vague explanations about unfavorable matters or claimed memory lapses, while reinterpreting his previous statements in a way that favored him."

Additionally, the court pointed out that during the initial investigation into violations of campaign finance laws involving Kim Young-sun, Myung did not mention any allegations against Oh until around December 2024, when Oh announced he would file a complaint. At that time, Myung made threatening remarks suggesting he would implicate Oh.

The judges also observed that Myung's relationship with Oh's campaign team deteriorated after February 2021, leading to feelings of resentment when he believed his contributions were not acknowledged following Oh's election victory.

Crucially, the court found no evidence to support the claim that Oh commissioned Myung for polling services or that payments were made in exchange for those services.

The judges remarked, "It is difficult to accept that Oh would openly request Kim Han-jeong to cover the costs of illegal polling, which could significantly impact his political standing and should be conducted discreetly within the campaign."

They also noted the unusual manner in which Kim paid Myung, transferring funds through a bank account and including value-added tax in the payments. Furthermore, they stated it was challenging to link the five payments made by Kim to the ten polling instances alleged by the special prosecutor.

While the court acknowledged that Kim Han-jeong, known as a supporter of Oh, made multiple payments to Myung, they emphasized that the sole direct evidence, Myung's testimony, lacked credibility. The remaining evidence consisted of fragmented facts insufficient to substantiate the charges, with many circumstances recognized during the trial contradicting the prosecution's claims.

After the ruling, Oh expressed his remorse, stating, "I sincerely apologize to the public. I should have conducted myself more carefully in my public duties, and I regret having to appear in court." He thanked the citizens of Seoul for their trust and support during the election, pledging to work harder to meet their expectations.

He added, "Throughout the trial, many citizens continued to support me despite the doubts surrounding me. Thanks to them, I was able to endure and continue my work. I am truly grateful." Oh became emotional while sharing his thoughts on the verdict.

Myung, for his part, stated via social media, "I respect the court's decision, but the factual circumstances differ from the ruling."

In the earlier ruling on July 22, Oh was fined 10 million won and ordered to forfeit 21 million won. Kim received a fine of 5 million won, while Kang was fined 3 million won.

The first trial concluded that Oh had commissioned five of the ten polling instances listed in the indictment and that Kim had covered 21 million won of the costs. However, it could not definitively conclude that Oh had commissioned or that Kim had covered the costs for the remaining five.

The special prosecutor's team, led by Kim Geon-hee, sought a sentence of 18 months in prison and a forfeiture of 33 million won during the closing arguments on October 2.

With this ruling, Oh, who faced the loss of his mayoral position in the initial trial, has alleviated his legal risks until the Supreme Court's decision.

According to Article 57 of the Political Fund Act, "Anyone who is sentenced to a fine of 1 million won or more for the crime of improperly receiving political funds cannot assume or be appointed to a public office for five years after the sentence is finalized, and those already in office must resign."