Special Counsel Min Jung-gi’s team 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. The special counsel said the appeals court misunderstood key legal issues in acquitting Kim on parts of the case. Kim’s side has also appealed, setting up a final round of arguments over guilt and sentencing.
According to the legal community on Monday, the special counsel filed its appeal with the Seoul High Court’s Criminal Division 15-2, which heard Kim’s second trial. Kim’s attorneys filed their appeal on April 30.
In a separate notice, the special counsel said it is challenging the court’s not-guilty ruling on parts of the Capital Markets Act charge, where the panel said some counts could not be proven because illicit profits could not be calculated. It also disputed the acquittal on the Political Funds Act charge, saying the court erred in its factual and legal assessment of Myung Tae-kyun’s provision of opinion polls.
The special counsel said the ruling contained violations that affected the judgment, including a misunderstanding of legal principles and breaches of evidentiary rules and common experience.
On April 28, the appeals court sentenced Kim to four years in prison and fined her 50 million won on charges under the Capital Markets Act, the Political Funds Act and influence-peddling bribery under the Act on the Aggravated Punishment of Specific Crimes. The court ordered the 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 point in the appeals ruling was partially overturning the first court’s acquittal on the Deutsche Motors stock-manipulation allegation. The panel found Kim provided Black Pearl Invest with a securities account holding 2 billion won in October and November 2010 and sold 180,000 Deutsche Motors shares, concluding those acts amounted to participation in price manipulation. It also said she had at least accepted the possibility the account could be used for manipulation.
The court also expanded the scope of guilt on the Unification Church-related influence-peddling bribery 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.
However, the court again acquitted Kim of violating the Political Funds Act over allegations she received opinion polls worth 270 million won for free from Myung and used influence over nominations. The panel said it was difficult to conclude she gained a property benefit, noting Myung provided polls to multiple people.
That acquittal is expected to be a key issue at the Supreme Court. The special counsel is contesting the Political Funds Act acquittal and the partial acquittal under the Capital Markets Act, while Kim’s side is expected to deny the findings that she took part in stock manipulation and accepted valuables. The appropriateness of the sentence will also be reviewed.
The special counsel has also appealed in related cases. An appeal was filed April 30 in the case of Yoon Young-ho, a former Unification Church world headquarters chief, who was indicted on allegations including providing valuables while seeking favors on church issues involving Kim and People Power Party lawmaker Kwon Seong-dong. Yoon was sentenced on appeal to one year and six months in prison.
In addition, the case of Kim Ye-seong, described as a key figure in the so-called “butler gate,” will also go to the Supreme Court. The appeals court acquitted Kim and dismissed part of the prosecution, and the special counsel appealed that ruling.
* This article has been translated by AI.
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