Court says Oh led offense but tried to evade responsibility

The Seoul Central District Court on Wednesday found Oh guilty of having a political supporter pay for private opinion polls he commissioned before the April 7, 2021, Seoul mayoral by-election. The court fined him 10 million won ($6,600) and ordered him to forfeit an additional 21 million won ($13,900).

Oh would lose his position as mayor if the sentence is upheld by the Supreme Court, a ruling expected by January under an expedited appeals process.

Prosecutors accused Oh of receiving the results of 10 private opinion polls from political broker Myung Tae-kyun before the 2021 election. They alleged that Oh instructed Kang Chul-won, then his chief of staff, to have businessman Kim Han-jung pay about 33 million won ($21,900) in polling costs.

The court found Oh guilty of arranging payment for five polls, including three that were not intended for publication and two that were released publicly. The court said Oh complained when poll results were unfavorable and sought to delay their release to minimize their negative effect.

“The commissioning and payment of the polls were also connected to an effort to publish and report candidate-commissioned opinion polls prohibited under the Public Official Election Act,” the court said. “The nature of the offense is serious.”

The court noted that Oh had previously served as Seoul mayor and “should have been familiar with the purpose and requirements of the Political Funds Act.” It also said he led the offense but “repeatedly attempted to avoid responsibility during the trial by presenting arguments the court found difficult to accept.”

Oh disputed the ruling after leaving the courthouse.

“The court found five opinion polls unlawful today, but I cannot accept that conclusion,” Oh told reporters. “The correct decision would have been to find me not guilty on every count.”

Oh said the conviction was based on Myung’s statements and circumstantial evidence rather than direct evidence. His legal team said in a statement that it regretted the court’s decision to convict Oh without objective evidence.

“It is difficult to accept a conclusion reached by piecing together some of Myung’s exaggerated statements and various circumstances,” the statement said. The defense said it would file an immediate appeal.

The case is governed by an expedited trial provision requiring a first-trial ruling within six months of indictment, with appellate and Supreme Court rulings due within three months of each preceding decision. A final Supreme Court ruling is expected by January.

Under South Korea’s Political Funds Act, a lawmaker or elected official automatically loses their seat upon receiving a finalized fine of 1 million won or a heavier punishment for illegally accepting political funds.

Kang Chul-won was fined 3 million won ($2,000), and Kim Han-jung was fined 5 million won ($3,300).

MSI previously reported that prosecutors had sought an 18-month prison sentence for Oh in June.