Dispute Over Authenticity of Lee Ufan Painting Continues Between Special Prosecutor Team and Kim Sang-min... Six-Year Sentence Requested on Appeal

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\r\n[The Financial News] The Kim Keon Hee Special Prosecutor Team, led by Special Counsel Min Joung-kie, requested a six-year prison sentence on appeal for former chief prosecutor Kim Sang-min, who is accused of delivering a painting by Lee Ufan to First Lady Kim Keon-hee and seeking favors related to nominations and personnel appointments. The Seoul High Court Criminal Division 6-2, presided over by Judges Park Jeong-je, Min Dal-gi, and Kim Jong-woo, held the final hearing on the charges of violating the Anti-Graft Act and the Political Funds Act on the 17th. The special prosecutor team asked the court to sentence Kim to three years in prison for the Anti-Graft Act violation, three years for the Political Funds Act violation, and to order forfeiture of about 41.3 million won. The requested sentence was the same as in the first trial. The team argued that a severe punishment was necessary. "Even without an authenticity certificate, the painting in question can reasonably be estimated to be worth more than 1 million won, so it should be regarded as a gift worth at least that amount," the team said. "It is clear that the defendant violated the Anti-Graft Act." It added, "At the time of the offense, the defendant was a chief prosecutor who should have upheld the law more than anyone else, yet he provided an expensive painting in connection with his duties, including nominations. When the nomination fell through, he secured a position as special adviser to the director of the National Intelligence Service, undermining transparency in public appointments and public trust." Kim's defense argued that the painting was a forgery and therefore had no real value, meaning the charges could not stand. His lawyer said, "No investigative agency has ever filed charges based solely on the value the defendant perceived. All precedents are based on actual value." He added, "If someone receives a worthless forgery and is punished simply because they thought it was authentic, that clearly violates the principle of legality." On the allegation that he received an illegal donation while preparing to run for office, the defense said it was "a separate investigation not covered by the special prosecutor law" and therefore "a case for dismissal of the indictment."
In his final statement, Kim said, "In the culture of the prosecution, superiors do not make subordinates bear expenses," and added, "For someone who has worked in the prosecution, it is hard to imagine excluding my senior, Yoon Suk Yeol, and asking his wife for a gift in exchange for a favor. It is impossible to imagine meeting Kim Keon-hee by skipping over the president." He continued, "While I was detained and cut off from the world for five months, I had a lot of time for regret and reflection," and added, "As a prosecutor, I should have set an example for society, and I deeply regret my inappropriate conduct." Meanwhile, the disputed painting was shown in court that day. The bench summoned a representative from KAAAI, which had authenticated the work as genuine, as well as a representative from the Galleries Association of Korea requested by Kim's defense, and questioned both sides. The two experts gave opposing opinions, with one calling it authentic and the other calling it a forgery. The KAAAI representative said the signature, the condition of the canvas, and the color of the background all suggested that the work was close to Lee Ufan's style. The Galleries Association representative raised concerns about the nails used to secure the canvas, saying they appeared artificially rusted. The court is scheduled to deliver its verdict on Kim on the 8th of next month. Kim is accused of providing Lee Ufan's painting "From Point No.800298" to Kim Keon-hee in February 2023 in an effort to seek favors related to nominations and personnel appointments for the following year's general election. He is also accused of having a businessman pay about 42 million won in vehicle lease fees and insurance premiums on his behalf so he could run in that year's general election.
In the first trial, the court found Kim guilty only of violating the Political Funds Act among the charges against him. The court accepted Kim's argument that Kim had given him money and received the painting in return.
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theknight@fnnews.com Jung Kyung-soo Reporter