'Luxury bag delivered to Kim Keon Hee': Kim Gi-hyeon acquitted for lack of evidence of collusion; wife fined 5 million won

[Financial News] People Power Party lawmaker Kim Gi-hyeon, who was accused of giving a luxury bag worth several million won to Kim Keon Hee, wife of former President Yoon Suk Yeol, in exchange for help during the party leadership election, was acquitted at his first trial. His wife, who directly delivered the bag and other items, was fined 5 million won.
On the 30th, Criminal Division 22 of the Seoul Central District Court, presided over by Judge Cho Hyung-woo, found lawmaker Kim not guilty of violating the Improper Solicitation and Graft Act and sentenced his wife, Lee, to a fine of 5 million won and ordered the confiscation of the clutch bag in question.
The special counsel team indicted Kim and his wife on charges that, on March 17, 2023, shortly after Kim was elected leader of the People Power Party, he delivered a Roger Vivier clutch bag worth 2.67 million won and a handwritten thank-you letter to Mrs. Kim through an official at the presidential office.
Kim and his wife argued that the case was outside the scope of the special counsel’s investigation and that the evidence had been collected unlawfully. The court rejected both arguments. In particular, it ruled that “under the Special Counsel Act, the scope of investigation is not limited to specific cases involving allegations explicitly named in the law, but also includes cases found to have a reasonable connection,” and that “this case is closely related to allegations of receiving high-value gifts and therefore falls within the special counsel’s lawful scope of investigation.” The court also found the evidence admissible, ruling that the series of procedures—including securing the clutch bag during a search of Mrs. Kim’s home and executing a warrant afterward—was not unlawful.
However, the court found her husband, Kim, not guilty, citing insufficient proof of the crime. It noted that there were suspicious circumstances, including that the bag was paid for with a family card linked to Kim’s salary account and that a sticky note reading “Kim Gi-hyeon, party leader” was attached to the envelope when it was delivered. Nevertheless, the court said, “The family card had effectively been managed exclusively by his wife, Lee, making it difficult to conclude that Kim knew in advance that the payment had been made.”
The court added that “the possibility cannot be ruled out that his wife attached the sticky note on her own or instructed a staff member to do so, in order to get the recipient to open the envelope,” and that “their being married is not, by itself, enough to infer his participation in the conspiracy, and there is no objective evidence or statements from those involved to support that conclusion.”
The court imposed a fine for the luxury bag delivered by his wife, Lee, finding that it was related to official duties under the Improper Solicitation and Graft Act. The court explained that “the president needs the ruling party’s cooperation to advance government policies and pass budget bills, and holds an official position that allows him to wield considerable influence even as an ordinary party member.” It added that “it is recognized that former President Yoon exerted influence at the time, including through changes to the party convention rules or his stance toward rival candidates, thereby cultivating an image favorable to Kim’s election.”
However, the court added that it treated as mitigating factors that “the bag was not exceptionally high in value and was given only once, and that, aside from one previous fine, she had no significant history of criminal punishment.”
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