Seoul Mayor Oh Se-hoon appeared in his first appellate court hearing on charges related to alleged violations of the Political Fund Act, asserting his innocence. He stated his intention to prove his innocence and be acquitted, telling reporters before entering the courtroom, “I will reveal the truth and prove my innocence.”
First Appellate Hearing for Mayor Oh Se-hoon
The Seoul High Court’s Criminal Division 7 convened the initial appellate hearing on October 21st for Mayor Oh, former Seoul Vice Mayor Kang Cheol-won, and businessman Kim Han-jung. The charges stem from allegations that Mayor Oh used campaign funds improperly during his bid for re-election as Seoul Mayor in 2021.
Specifically, the prosecution alleges that Mayor Oh commissioned opinion polls from a Mr. Myung and asked Mr. Kim to cover the associated costs. However, Mayor Oh’s defense team vehemently denied these claims. They argued that the mayor never commissioned opinion polls from Mr. Myung, nor did he request Mr. Kim to pay for them.
Defense Arguments Presented
The defense team presented their case, stating that Mr. Myung had approached Mayor Oh first, offering to help with his election campaign. However, the defense asserted that Mayor Oh and former Vice Mayor Kang did not trust Mr. Myung, leading to a natural distancing and even disagreements in their relationship.
According to the defense, it appears Mr. Kim independently decided to pay Mr. Myung, possibly to appease him and maintain a favorable relationship, believing it might indirectly benefit Mayor Oh’s campaign. The defense emphasized that Mayor Oh was unaware of Mr. Kim’s actions until the scandal broke.
The defense further contended that the first instance court (1심) reached its guilty verdict based on assumptions. They claim the court made leaps in logic, connecting a few alleged facts – that Mayor Oh met with Mr. Myung, that Mr. Myung conducted opinion polls related to the mayor, and that Mr. Kim paid Mr. Myung – to conclude guilt, without sufficient direct evidence.
Businessman Kim’s Defense
The legal team representing Mr. Kim echoed similar sentiments. They stated that Mr. Kim sent money to Mr. Myung of his own volition and exchanged opinions with him, directly receiving the results of the opinion polls. They maintained that Mr. Kim independently commissioned the polls and paid the fees.
Mr. Kim’s defense highlighted a significant gap between the prosecution’s allegations – that Mayor Oh commissioned the surveys and asked Mr. Kim to pay – and the objectively confirmed facts. They argued that there is no direct evidence bridging this gap.
Former Vice Mayor Kang’s Position
The defense for former Vice Mayor Kang argued that the first instance court’s decision to find Mayor Oh guilty on some, but not all, of the opinion poll commissions was illogical. They questioned the court’s reasoning, given that they found Mr. Myung’s testimony difficult to fully believe.
Broader Legal Arguments
All three defendants’ legal teams also raised arguments challenging the scope of the investigation itself, suggesting that the special prosecutor’s investigation and subsequent indictments exceeded the boundaries defined by the relevant law.
Background of the Case
Mayor Oh Se-hoon was indicted on charges of allegedly commissioning 10 opinion polls (3 public, 7 private) from Mr. Myung in the lead-up to the People Power Party’s primary for the 2021 Seoul mayoral by-election. He is also accused of asking Mr. Kim to cover the survey costs totaling 33 million won (approximately $25,000 USD).
Mr. Kim faces charges of providing political funds through illegal means. Both Mayor Oh and former Vice Mayor Kang are accused of accepting these funds.
The first instance court found Mayor Oh guilty of commissioning five of these opinion polls from Mr. Myung and requesting Mr. Kim to pay 21 million won (approximately $16,000 USD) for them. He was fined 10 million won (approximately $7,600 USD) and ordered to forfeit the 21 million won.
Former Vice Mayor Kang was fined 3 million won (approximately $2,300 USD), and Mr. Kim was fined 5 million won (approximately $3,800 USD).
However, the court acquitted them on the remaining five opinion polls and the associated cost of 12 million won (approximately $9,200 USD).
Prosecution’s Stance in Appeal
The special prosecution team stated that, after reviewing phone records, Mr. Kim’s payment details, messages, and audio recordings, they believe the facts are established: Mayor Oh and former Vice Mayor Kang conspired to commission 10 opinion polls from Mr. Myung and had Mr. Kim pay the 33 million won fee.
The prosecution is appealing the acquittal on four of the opinion polls and the 15 million won (approximately $11,500 USD) in related costs, arguing they should also be considered illegal and warrant a harsher sentence.
Court Proceedings and Sentencing Timeline
The appellate court has organized the proceedings around three key points of contention: whether Mayor Oh commissioned opinion polls from Mr. Myung around January 2021, whether he instructed former Vice Mayor Kang to consult with Mr. Myung and proceed with the surveys, and whether he requested Mr. Kim to cover the costs.
To address these points, the appellate court has summoned six witnesses, including Mr. Myung, Mr. Kim, and Kim Jong-in, former interim leader of the People Power Party’s emergency response committee. The court plans to hold four more hearings through November to examine the witnesses.
The appellate court is expected to deliver its sentence around the end of October.
