Former President Yoon Suk Yeol was acquitted in an appeals court ruling regarding allegations of receiving free polling services from political broker Myung Tae-kyun. The court completely overturned the previous ruling that found him guilty in part.
The Seoul High Court's Criminal Division 7, led by Judge Koo Hoe-geun, on October 7 overturned the original sentences of two years in prison for Yoon and one year and six months for Myung, declaring both not guilty of violating the Political Fund Law.
In a previous hearing, the special prosecutor's team, led by Kim Geon-hee, had sought a four-year prison sentence for Yoon and three years for Myung.
The appeals court emphasized the need for strict proof regarding the core allegations. The court stated, "There is no evidence to prove that there was any agreement or consultation between former President Yoon and Myung regarding the conduct or provision of polling services for free, and it is difficult to recognize the intent to donate political funds."
The court further noted, "The political advice and introductions to influential politicians like Kim Jong-in and Lee Jun-seok provided to Yoon and his wife appear to be motivated by Myung's desire to establish his value and increase his influence by associating with prominent politicians."
It added, "The polling data provided by Myung was presented to Yoon and his wife as a means or basis for political advice, and the conduct or results of the polling do not seem to be of significant importance. While the political advice provided by Myung can be seen as a political benefit, it does not constitute a financial benefit, making it difficult to view it as a violation of the Political Fund Law."
This ruling contradicts the first trial's finding that there was an implicit agreement between Yoon and Myung regarding the conduct and provision of polling services.
Yoon and his wife were charged with receiving a total of approximately 270 million won worth of polling services for free from Myung between June 2021 and March 2022. The first trial court had only recognized the violation of the Political Fund Law for 14 out of the 58 polling instances directly communicated to Yoon and his wife by Myung.
The first trial court stated, "Yoon's actions exacerbated political distrust and hindered the development of democracy," sentencing him to two years in prison and ordering him to pay approximately 13.96 million won in restitution, while Myung received a sentence of one year and six months in prison.
However, the remaining 44 polling instances were deemed not guilty because Myung did not directly communicate them.
In a related case, Kim Geon-hee, Yoon's wife, was also acquitted on similar charges, with the court ruling that Myung provided polling services unilaterally without prior consultation or agreement, aiming to expand his business activities and political influence. This appeals court ruling is seen as a continuation of that legal judgment.
Following the acquittal, Yoon's legal team expressed their approval, stating in a press release that the ruling reaffirmed the fundamental principle of criminal trials, which requires that criminal facts be proven beyond a reasonable doubt rather than based on speculation or possibility.
They added, "Throughout the investigation and trial, there has been no direct evidence such as contracts, recordings, or text messages confirming that the president requested polling services from Myung or promised to waive costs. Myung himself testified in court that he had not discussed the conduct of polling or costs with either Yoon or Kim."
Meanwhile, the special prosecutor's office plans to review the appeals court ruling closely before deciding whether to appeal.
* This article has been translated by AI.
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