Yoon acquitted in second trial over Myung Tae-gyun opinion polls; ruling could also affect Kim Keon Hee and Oh Se-hoon cases

[Financial News] Former President Yoon Suk Yeol, who was sentenced to prison in the first trial on charges of receiving free opinion polls from political broker Myung Tae-gyun during the presidential election campaign, was acquitted in the second trial.
On the 7th, the Seoul High Court’s Criminal Division 7, presided over by Judge Koo Hoe-geun, held a sentencing hearing in the appeal of the case against Yoon and Myung for violating the Political Funds Act and ruled as described above. Myung, who was indicted alongside Yoon, was also acquitted.
Yoon had previously been indicted by a special counsel on charges of conspiring with his wife, Kim Keon Hee, to receive 58 free opinion polls through the Future Korea Research Institute during the presidential primary and general election campaigns, from June 2021 to March 2022. The allegation was that they received political funds worth approximately 270 million won through 36 polls intended for publication and 22 that were not intended for publication.
In July, the first-trial court found that 14 unpublished polls had been illicitly received as political funds, as they had been delivered directly to Yoon and his wife. It sentenced Yoon to two years in prison and Myung to one year and six months in prison.
The appellate court, however, ruled that free opinion polls did not constitute a “financial benefit” subject to regulation under the Political Funds Act.
The court said, “A contribution under the Political Funds Act can be established only if there is a property benefit that can be converted into monetary terms.” It added, “What Yoon and his wife received from Myung was assistance such as political advice on public opinion trends or introductions to influential politicians. While this may be considered a political benefit, it is difficult to regard it as a property benefit that can be converted into monetary terms, and therefore it does not constitute a contribution of political funds.”
The court further explained, “Myung’s personal circumstances also played a role: he had come to Seoul and sought to help influential politicians in order to have his worth recognized and expand his influence.” It added, “The opinion polls were presented only as part of the basis for the advice; whether Myung had conducted them himself or what the results were was not important.”
The court also found that intent premised on tacit or implicit consent had not been established. It said, “There is no evidence establishing an agreement between Myung and Yoon and his wife to conduct opinion polls or arrange for them to be provided free of charge.” It added, “Given that the polls were conducted at the Future Korea Research Institute’s discretion and that their results were also shared with many other politicians, it is difficult to establish that the defendants intended to make illegal contributions.”
The ruling is also expected to have considerable impact on the Supreme Court appeal in a related case and on the trials of other politicians facing similar issues. In the case involving Kim, who was separately indicted for allegedly receiving the same opinion polls free of charge and was acquitted at both the first and second trials, the Supreme Court has referred the case to its full bench to review the final legal principles after lower-court rulings diverged.
In particular, the same court panel is also due to rule on the 23rd in the second trial of Seoul Mayor Oh Se-hoon over allegations that someone else paid the costs of opinion polls on his behalf. Oh’s case differs in that it involves payment by a third party, but the panel also cited grounds for viewing Myung’s provision of customized opinion polls as “political advice” aimed at expanding his personal influence, rather than as a financial benefit. Observers say the ruling could serve as a favorable precedent when assessing Oh’s intent to receive illegal political funds and whether the polls were provided in exchange for something.
[email protected] Lee Chang-hoon Reporter