Former President Yoon Handed Suspended Prison Sentence in Appeals Court for False Presidential Election Statements; 39.7 Billion Won in Campaign Subsidies at Stake

Former President Yoon Seok-yeol, who was referred to trial for allegedly publishing false facts during the 20th presidential election (violation of the Public Official Election Act), has been handed a suspended prison sentence in the appeals court. If the sentence is finalized, the Democratic Party will have to return approximately 39.7 billion won in presidential campaign subsidies to the Central Election Management Commission.

The Seoul High Court, Criminal Division 2-1 (Presiding Judge Baek Seung-yeop), dismissed the appeal filed by the former president's side on the 4th and upheld the lower court's sentence of one year and six months in prison with a three-year suspended sentence.

Court: "Defendant with legal background knowingly made false statements despite understanding their impact"

The court, like the lower court, found both of the former president's major statements during the presidential election campaign guilty.

'Statement about introducing Attorney Yoon U-jin': The former president stated in December 2021 at a Gwanhun Club debate and other venues that "I have no record of introducing a lawyer to Yoon U-jin, former director of the Yongsan Tax Service." However, the court determined that a simple introduction act was confirmed based on related media interviews and call records. The court ruled that "the defendant, who has a legal background, continued to make false statements despite fully recognizing the impact such statements would have on voters."

'Statement about contact with Keon-jin Law Society': Regarding a statement made in January 2022 about shaman Chun Seong-bae, stating that "I was introduced through a party official and did not meet Ms. Kim Keon-hee and Mr. Chun together," the court also determined it was false. This was based on the confirmed objective facts regarding the timing of Ms. Kim and Mr. Chun's past relationship formation and that the former president and his wife met Mr. Chun together on multiple occasions.

The court stated in its sentencing rationale: "As a party-recommended candidate in an election to select the highest state official, the defendant had an obligation to provide accurate information, but by publishing false facts, he infringed on voters' right to make informed choices and seriously compromised the fairness of the election."

Special Prosecution: "Election Result Invalidation Sentence Inevitable" vs. Yoon Side: "Will Appeal to Supreme Court"

The special prosecution team requested a harsh sentence at the final hearing, stating that "based on polling trends and differences in vote share at the time, the election results were affected." The appeals court guilty verdict has strengthened the special prosecution's argument.

Meanwhile, the legal team for the former president stated immediately after the verdict: "There are legal misinterpretations and factual errors that ignore the context and intent of the statements. We will immediately appeal to the Supreme Court for reconsideration." The court battle will now proceed to the appellate stage.

If Finalized, Democratic Party Faces 39.7 Billion Won Return

Under the Public Official Election Act, if a candidate receives a final election disqualification sentence (imprisonment or a fine of 1 million won or more), the affiliated party must return the preserved election expenses. If the sentence is finalized at the Supreme Court, the Democratic Party will have to return approximately 39.7 billion won in government-provided campaign subsidies to the Central Election Management Commission, which is expected to cause significant ripple effects in the political landscape.