Yoon convicted in first trial over false election statements; suspended prison term could force People Power Party to return 39.7 billion won

[Financial News] Former President Yoon Suk Yeol, who was accused of making false statements during the 20th presidential election campaign, has been sentenced to a suspended prison term. Under the Public Official Election Act, a fine of 1 million won or more can nullify an election victory. If the ruling is finalized, the People Power Party would have to return 39.7 billion won in election campaign reimbursement funds paid by the National Election Commission (NEC). Yoon's side said it would appeal immediately, arguing that the court misapplied the law.
The Criminal Division 21 of the Seoul Central District Court, presided over by Judge Jo Soon-pyo, sentenced Yoon to one year and six months in prison, suspended for three years, on Friday for violating the Public Official Election Act.
The court found all of the charges against Yoon to be guilty.
First, the court said Yoon's remark that he had never introduced a lawyer to Woo Jin Yun, the former head of the Yongsan Tax Office, constituted the publication of false facts. The court noted that this statement contradicted Yoon's own two previous admissions: one during a 2012 phone call with reporter Han and another during his 2019 confirmation hearing as a nominee for prosecutor general, when he said he had connected Yun with legal counsel.
After reviewing the message Yun received from a lawyer and the lawyer's testimony in court, among other evidence, the court concluded that Yoon, knowing about Yun's bribery case, had introduced a lawyer to Yun through his own name. The court explained, "The circumstances surrounding the request made by Yun's younger brother alone do not mean Yoon's involvement can be excluded," and added, "It is reasonable to conclude that Yoon used his name to have a lawyer contact Yun and make the introduction in connection with Yun's bribery case." The court also said that because Yoon had indeed introduced a lawyer to Yun, his statement was made with intent.
A separate remark, in which Yoon said he had been introduced to Geomjin Beopsa (Jeon Seong-bae) by a party official and had never met him together with First Lady Kim Keon-hee, was also found guilty. The court said the statement could lead voters to believe that Yoon and Jeon had no prior relationship before the election.
The court rejected Yoon's argument that the statement was merely about perception and therefore did not amount to the publication of false facts. It said Yoon had received advice from Jeon through Kim Keon-hee in December 2014, after his demotion, as well as during his 2016 dispatch to the special counsel team in the Park Geun-hye–Choi Soon-sil corruption scandal and during the conflict with then Justice Minister Choo Mi-ae in 2020. In particular, the court pointed to Yoon's visits with Kim Keon-hee to Jeon's temple and residence, saying, "It is established that Yoon did not first meet Jeon during the election process, but had already known him and maintained ongoing contact, with his spouse also taking part in that relationship." The court also said Yoon appeared to have intended to overcome controversy over shamanism-related allegations through the statement.
The court criticized Yoon, saying, "When a candidate personally publishes false facts in a setting with major influence, such as a debate or interview, the impact on an election is very significant." It added, "It is difficult to conclude that the election result was determined solely by this offense, but it is sufficient to say that proper decision-making was undermined by this offense."
If the sentence is upheld by the Supreme Court, the People Power Party, Yoon's former party, will have to return the campaign reimbursement funds to the NEC. Under the Public Official Election Act, a sentence resulting in a fine of 1 million won or more can invalidate an election victory, and if a candidate receives such a sentence, the reimbursed campaign funds must be returned. In the 20th presidential election, the People Power Party received 39.7 billion won in reimbursement.
Yoon's side said it would appeal. After the ruling, his legal team told reporters, "The court issued a ruling that merely copied the prosecution's one-sided claims," and added, "There are many errors in the judgment, so we will contest it properly in the appeals trial."

[email protected] Jung Kyung-soo Reporter