Ex-first lady’s prison term cut after appeals court acquits her on two gift charges

An appeals court on Tuesday reduced former first lady Kim Keon Hee’s prison sentence for accepting high-value gifts in exchange for favors from seven years to five years.

The Seoul High Court also ordered the confiscation of a painting by artist Lee Ufan, a gold turtle figurine and a Van Cleef & Arpels diamond necklace, along with the forfeiture of 24.4 million won ($18,000).

Kim is the spouse of former President Yoon Suk Yeol, who was ousted after his botched attempt to impose martial law in December 2024.

Prosecutors had indicted Kim for accepting bribes in exchange for using her influence in matters involving public officials under the Act on the Aggravated Punishment of Specific Crimes.

The two-year reduction came after the appeals court acquitted Kim of accepting a Vacheron Constantin watch worth 39.9 million won from an entrepreneur running a robotic dog business in September 2022 in exchange for helping his business.

The lower court found Kim guilty of influence peddling because the businessperson gave her the watch in hopes of securing her help with the robotic dog business and because Kim understood the gift's purpose.

However, the appeals court took a different view, holding that Kim’s claim that the entrepreneur had bought the watch only on her behalf could not be ruled out. Even if the entrepreneur had paid for it, the court said there was insufficient evidence to conclude that Kim accepted the watch knowing it was intended to secure her help with the business.

The court also pointed to the timing of the gift. By the time the entrepreneur gave Kim the watch, the business had already secured an agreement to work with the Presidential Security Service.

“It is difficult to see why someone would offer a watch worth more than twice the value of the contract to seek a business favor under those circumstances,” the court said.

The appeals court also acquitted Kim of a charge that she accepted a replica of “Sehando” (1844), also known as “Winter Scene” in English, believed to be worth 500,000 won, from former National Education Commission Chair Lee Bae-yong in April 2022 in exchange for helping Lee secure the post.

“The replica may have been given to Kim to promote an organization promoting hanji (traditional Korean paper), where Lee previously worked, rather than as payment for a favor,” the court said. “The foundation paid for the replica, which sets it apart from the gold turtle figurine that was made with Lee’s own money.”

Although Lee gave Kim the replica around the time Lee was seeking the chairmanship, the court found another plausible purpose for the gift: to promote hanji as part of an effort to secure Unesco cultural heritage recognition. That made the timing alone insufficient to show that Kim understood the gift as a request for help.

The court, however, affirmed Kim’s convictions on the remaining charges, including accepting a 2.65 million-won gold turtle figurine from Lee in exchange for influence over her appointment as chair.

Among the charges upheld on appeal was Kim’s acceptance of 103.8 million won worth of jewelry from Seohee Construction chairman Lee Bong-kwan between March 15 and May 20, 2022. The gifts — namely a Van Cleef & Arpels diamond-studded pendant, a Tiffany & Company brooch and Graff earrings — were given alongside a request to secure a job for Lee's eldest son-in-law.

The court also upheld her convictions for accepting a Dior bag and other items worth 5.4 million won from Korean American pastor Choi Jae-young in 2022 in connection with requests involving government officials, and a Lee Ufan painting worth 140 million won from former senior prosecutor Kim Sang-min in February 2023 in exchange for help securing a party nomination.

“This is a case of influence peddling that exploited access to power,” the court said. “The influence of the president’s spouse was turned into a commodity for private dealings, which seriously undermined transparency and fairness in government as well as public trust in state policy and public appointments.”

The court also lambasted Kim for what it described as her irresponsible acceptance of the gifts.

“Kim had ample reason to understand that the people giving her valuables expected her to exercise her influence as the president’s spouse, yet she repeatedly accepted their gifts without hesitation,” the court said. “She also sought to evade responsibility by returning some of the gifts after the investigation began, conduct that weighs against her in sentencing.”

Kim’s legal team called the acquittals on some charges “meaningful” but said it plans to appeal to the Supreme Court.

“We still find it difficult to agree with the guilty verdicts on the remaining charges,” her lawyers said Tuesday. “The sentence imposed by the appeals court is excessive given the extent of Kim’s actual responsibility.”

After the ruling, the special counsel expressed disappointment over Kim’s acquittal on the watch charge and said the case would be taken to the top court.

“We doubt whether the people could accept a decision that acquits a first lady for receiving tens of millions of won worth of luxury gifts from a businessperson with an interest at stake,” the special counsel told reporters Tuesday. “We will review the specifics of the ruling and seek to have it corrected by the Supreme Court.”

At the final hearing, special counsel asked the appeals court to impose the same sentence as the first-instance ruling.

Meanwhile, the court also dismissed appeals by former education commission chair Lee and two of her aides, all of whom had provided gifts to Kim. The lower court had sentenced each to 10 months in prison, suspended for two years, and imposed fines.

Seohee Construction Chairman Lee and the entrepreneur running a robotic dog business received suspended prison sentences that became final after the first trial. Pastor Choi’s 8 million won fine was also finalized. The three defendants and prosecutors did not appeal the ruling.

BY KIM YE-JUNG [[email protected]]