The first special counsel's back-to-back setbacks in major cases are raising concerns about the upcoming second special counsel investigation into first lady Kim Keon-hee.
Kim Yea-sung, known as "Kim Keon-hee's butler," was acquitted of embezzlement charges, while former prosecutor Kim Sang-min received a suspended prison sentence in separate rulings on Thursday. The special counsel immediately appealed both verdicts, stating the decisions were "difficult to accept based on legal principles and evidence."
The Seoul Central District Court's 26th Criminal Division acquitted Kim Yea-sung of embezzling 2.43 billion won ($1.7 million) and dismissed the remaining charges. Kim had been indicted alongside IMS Mobility CEO Cho Young-tak for allegedly embezzling 4.6 billion won in company funds during investment activities.
The court found that while 2.43 billion won fell within the special counsel's jurisdiction, the actions "could be viewed as legitimate economic activities." The remaining charges involving approximately 2 billion won were dismissed due to insufficient connection to first lady Kim Keon-hee.
In a separate ruling, the court's 21st Criminal Division sentenced former prosecutor Kim Sang-min to six months in prison, suspended for one year. Kim faced charges of seeking political favors through artwork by renowned painter Lee Ufan.
Prosecutors alleged Kim purchased Lee's painting "From Point No.800298" for approximately 120 million won in 2023 and delivered it to the first lady's brother, Kim Jin-woo, seeking help with party nominations for the 22nd general election and a legal advisor position at the National Intelligence Service.
The court ruled the prosecution failed to prove Kim directly purchased and provided the painting to the first lady, acquitting him of violating the anti-graft law. However, he was convicted of political funds law violations for illegally receiving approximately 42 million won for campaign vehicle rentals and insurance while preparing his parliamentary bid.
Legal experts say the first special counsel's underwhelming results could constrain the second investigation's scope and strategy.
"The first special counsel fell short of expectations, which may narrow the second team's room to maneuver," said Kwak Jun-ho, managing partner at Law Firm Cheong. "Rather than expanding the investigation excessively, they need to focus on core issues specified in the special counsel law."