Case Explained: Ex-first lady sentenced to 20 months in prison for receiving luxury items from Unification Church – Legal Perspective

Former first lady Kim Keon Hee was sentenced to one year and eight months in prison on Wednesday after being convicted of receiving luxury gifts from a figure linked to the Unification Church in exchange for political favors.

The verdict, which was broadcast live, comes after ousted former President Yoon Suk Yeol was sentenced to five years in prison in a separate case on Jan. 16. It marked the first time in Korea’s history that both a former president and spouse have been convicted.

Judges at the Seoul Central District Court ordered Kim to pay a fine of more than 12 million won ($9,000). They also ordered the confiscation of a Graff diamond necklace that had been seized by the investigation team under special counsel Min Joong-ki.

Kim had been indicted on three sets of charges: taking part in a Deutsch Motors stock price manipulation scheme between 2009 and 2012; violating the Political Funds Act by receiving opinion polls free of charge from political broker Myung Tae-gyun between June 2021 and March 2022; and accepting high-priced gifts from Unification Church figures in return for political favors. Of these, the court recognized only some of the influence-peddling charges, related to the luxury items she received in July 2022.

Prosecutors alleged that Jeon Seong-bae, a shaman widely known as “Geonjin Beopsa,” gave Kim a Chanel bag worth 8 million won on behalf of Yun Young-ho, then-world headquarters chief of the Unification Church Yun, in April 2022. In July of the same year, Kim received another Chanel bag worth 12 million won and a Graff diamond necklace valued at 62 million won. The court, however, ruled that only the bag and necklace provided in July 2022 constituted criminal proceeds, while the earlier April gift did not meet the legal threshold.

During a phone call on July 15, 2022, Kim reportedly told Yun that she was working to help the Unification Church at the government level and asked him to continue supporting her, stressing that its economic, cultural and other achievements should not be impeded. The judges said this showed she understood that the church’s projects depended on government backing and that she was willing to use her position to provide support in return for the luxury items.

But the court found her not guilty over the Chanel bag received in April 2022, saying that although Kim thanked Yun for his support during the presidential election, their conversation amounted to customary expressions of gratitude rather than a concrete request and promise that would constitute criminal corruption.

“The president is vested with powers of state based on the Constitution, and the first lady, as the president’s spouse, can exert immense influence from the closest position and serves as a symbolic figure representing the nation together with the president,” Judge Woo In-sung said. “Nevertheless, the defendant failed to refuse and instead accepted expensive luxury items provided in connection with the Unification Church’s requests, and was preoccupied with adorning herself. The defendant misused her position as a means of pursuing personal gain.”

The court acquitted her on the stock manipulation charge, saying even if she was aware her funds and shares could be used for price manipulation, her conduct did not amount to being an active perpetrator as required for a criminal conviction.

Judges also rejected the charge related to the Political Funds Act, saying that the provision of Myung’s poll results to the former first couple could not reasonably be viewed as providing a financial benefit. The court added that it was also difficult to conclude that Myung had been promised a party nomination for his close associate Kim Young-sun, a former lawmaker, in return for conducting the surveys.

Wearing a face mask, Kim Keon Hee listened to the verdict without looking directly at the bench and remained almost motionless as the sentence was read out. After the court announced the prison term and forfeiture order, she lowered her head, briefly conferred with her attorneys and then left the courtroom.

At a separate trial held on the same day, Yun was sentenced to one year and two months in prison for giving valuables to Kim and Rep. Kweon Seong-dong of the People Power Party in order to seek government help with Unification Church-related matters.

Rep. Kweon was sentenced to two years in prison for receiving illegal political funds from Yun.