Kim Keon Hee case heads to South Korea’s top court as both sides appeal

The special counsel team led by Min Jung-gi has taken to the Supreme Court the case of Kim Keon Hee, who was sentenced on appeal to four years in prison over allegations including Deutsche Motors stock manipulation and receiving valuables tied to the Unification Church. Kim’s side had already filed an appeal, setting up a final round of arguments over guilt and sentencing.

According to the legal community on Monday, the special counsel filed its notice of appeal with the Seoul High Court’s Criminal Division 15-2, which heard the second trial. Kim’s attorneys filed their appeal on April 30.

On April 28, the appeals court sentenced Kim to four years in prison and fined her 50 million won on charges of violating the Capital Markets Act, violating the Political Funds Act and bribery for influence-peddling under the Act on the Aggravated Punishment of Specific Crimes. The court also ordered forfeiture of one seized Graff diamond necklace and imposed an additional 20.94 million won in collection. The prison term was increased by two years and four months from the first trial’s sentence of one year and eight months.

A central issue on appeal was the Deutsche Motors stock-manipulation allegation, which the first court had found not guilty in full. The appeals court found Kim guilty in part, ruling that in October and November 2010 she provided Black Pearl Invest with a securities account holding 2 billion won and sold 180,000 shares of Deutsche Motors stock, acts the court said amounted to participation in price manipulation. The court said Kim had at least been aware that the account could be used for manipulation.

The appeals court also broadened the scope of guilt on the Unification Church-related influence-peddling charge. It found Kim guilty of receiving, from April to July 2022, two Chanel bags, a Graff necklace and Cheonsusam concentrated tea along with requests to support church-related issues. Parts of that allegation had been found not guilty at the first trial.

However, as in the first trial, the appeals court acquitted Kim of violating the Political Funds Act over allegations that she received free public-opinion polling worth 270 million won from Myeong Tae-gyun and used influence in the nomination of former People Power Party lawmaker Kim Young-sun. The court said it was difficult to conclude Kim and her husband gained a financial benefit equivalent to the polling costs because Myeong provided polls to multiple people, not only the couple.

That acquittal is expected to be a key point in the special counsel’s appeal, with prosecutors likely to argue the appeals court misread facts and misapplied the law. Kim’s side is expected to challenge the guilty findings on the Deutsche Motors and Unification Church allegations.

The appropriateness of the sentence is also likely to be contested. While the appeals court more than doubled the first-trial prison term, it fell short of the 15-year sentence the special counsel sought in closing arguments at both trials.

The special counsel has also appealed other related rulings. It filed an appeal on April 30 in the case of Yoon Young-ho, a former Unification Church international headquarters chief, who was indicted over allegations including providing valuables while seeking favors tied to church issues involving Kim and People Power Party lawmaker Kwon Seong-dong. Yoon received a 1 1/2-year prison term on appeal on April 27, increased from one year and two months at the first trial.

The special counsel also appealed on Monday in the case of Kim Ye-seong, described as a key figure in the so-called “butler gate” case, who was indicted on embezzlement charges. The appeals court found Kim not guilty and dismissed part of the prosecution, and the special counsel asked the Supreme Court to review that decision.




* This article has been translated by AI.

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