Seoul Mayor Oh Se-hoon, who was sent to trial on charges of violating the Political Funds Act, was sentenced to a fine of 10 million won and forfeiture of 21 million won. This is the court's first ruling on Oh, who faces charges of receiving polling results from political broker Myung Tae-kyun and having a supporter cover the costs on his behalf. In particular, Oh's "political life" could hinge on the Supreme Court's final judgment. This is because Article 57 of the Political Funds Act stipulates that "a person who has received a fine of 1 million won or more for the crime of illegal receipt of political funds cannot take office or be appointed to public office for five years after the sentence becomes final, and if already in office or appointed, shall be removed from that position." Oh's side filed an appeal with the Seoul District Court immediately after the sentencing. Under the special counsel act, the first trial must be concluded within six months, and the second trial and the appeal to the Supreme Court within three months each. Under this "6-3-3" principle, if the trial proceeds accordingly, the second trial could come around October, and the Supreme Court's judgment could come around the end of January next year. However, since this is not a mandatory provision — as seen in Oh's first-instance ruling coming after about seven months — it could take longer.
Article 57 of the Political Funds Act (Restriction on Holding Public Office Due to Political Funds Crimes)
A person who has been sentenced to imprisonment for a crime constituting illegal receipt of political funds cannot take office or be appointed to any position falling under any of the subparagraphs of Article 266, Paragraph 1 of the Public Official Election Act (Restriction on Holding Public Office Due to Election Crimes) for 10 years after the sentence has been confirmed as not to be executed, or after the execution of the sentence has been completed or exempted; for 10 years after confirmation for a person who has received a suspended sentence of imprisonment or heavier; and for five years after confirmation for a person who has received a fine of 1 million won or more (including a suspended sentence); and a person already in office or appointed shall be removed from that position.
The background to the Seoul Central District Court's Criminal Settlement Division 22 (Presiding Judge Cho Hyung-woo) sentencing Oh to a fine of 10 million won on the 22nd lies in its judgment that "guilt is recognized for half of the 10 polls specified in the indictment." The court also found that the act of Kim Han-jung, who paid the polling costs on Oh's behalf, constituted an illegal political fund contribution.
According to the ruling on the 26th, Oh's side argued that they did not ask Myung to conduct election-related polls, nor did they instruct former Seoul Vice Mayor for Political Affairs Kang Chul-won to "proceed with polls after consulting with Myung." They also denied the portion regarding funding support for the polling to Kim. As grounds, they cited that Oh's side had sufficient means to spend on election costs. They stressed that they had merely received a test poll, and even that could not be trusted, so after protesting they effectively cut off contact with Myung from around February 2021. They also argued that Myung's testimony lacked credibility, as it changed and was reversed sharply after his arrest. The court also acknowledged that Myung's testimony was inconsistent from the investigation stage to the courtroom, and that he could testify differently from the facts out of concern for what was advantageous or disadvantageous in his own trial. The court said there were aspects that were difficult to accept, such as "Mayor Oh called me while crying," but based on objective evidence such as KakaoTalk conversations and the specific circumstances at the time, it recognized the credibility of some of Myung's testimony.
The court first found that, considering the political situation at the time, Oh had a motive to commission polls from Myung. In a situation where Oh's political standing had diminished — having run and lost in the 20th and 21st National Assembly elections — he hoped for polling results showing himself ahead of rival candidate Na Kyung-won, while at the same time hoping to create a point of contact with Kim Chong-in, then chairman of the People Power Party's emergency response committee. The court also judged that the need to vet Myung, with whom Oh had no prior connection, was a motive for commissioning the polls.
The court explained, "Myung conducted three non-public polls in the short period from January 22 to January 29, 2021, when he was in contact with Mayor Oh and former Vice Mayor Kang," adding, "This appears to be because Mayor Oh commissioned the polls for vetting purposes and decided to pay their costs." It continued, "(Oh's side) argues they merely conducted vetting, but Mayor Oh first obtained (Myung's) contact information and invited Myung to a restaurant, then listened to explanations about election strategy and polling," adding, "Considering that former Vice Mayor Kang provided primary-related materials to Myung on January 22, 2021, the date the non-public poll was conducted, and showed a cooperative attitude, it can be recognized that Myung conducted the polls at Mayor Oh's request."
A message that Myung sent to an acquaintance on January 24, 2021, saying "Mayor Oh Se-hoon is too impatient, so things are going to get busy from now on," was also admitted as evidence. The court viewed the message as indicating that "after Mayor Oh listened to Myung's explanations about the non-public poll and election strategy, he requested that another poll be conducted and the results explained to him again."
The court also recognized the credibility of Myung's testimony that "Kim, who received Mayor Oh's request to pay on his behalf, spoke with me on the phone on January 25, 2021, and thereby learned the (polling agency's) account number." The reasons were that Kim had no way of knowing the account number since he did not know Myung's side at all, and that there was no reason for him to deposit 10 million won without Oh's request. The messenger conversation of an insider in Oh's election campaign also served as evidence. At the time of the fourth poll, the schedule planning team leader of Oh's election campaign sent an acquaintance messages saying, "Actually we commissioned and produced this... the polling company is ○○. The chief is furious, causing an uproar," and "spent our money to benefit someone else..." — which matched Myung's testimony.
The court stated, "It is interpreted that a poll was conducted at Mayor Oh's expense, but the results came out favorable to another candidate rather than Mayor Oh," and "this also matches Myung's testimony." In addition, the fact that Oh called Myung on the day the first poll was conducted, and that Kang Hye-kyung, a working-level staffer at the Future Korea Research Institute, sent an acquaintance a message saying "I'm leaving work late because I have to do a poll," were also presented as circumstantial evidence that the polls were conducted suddenly at Oh's request.
