首尔市长吴世勋民调费案二审改判无罪：一审罚金撤销，失职风险解除
首尔——首尔高等法院刑事第7庭（庭长Koo Hoe-geun）10月23日作出二审判决，裁定首尔市长吴世勋（Oh Se-hoon）违反《政治资金法》的指控不成立，推翻了一审的有罪判决。吴世勋此前被指控在2021年4月7日首尔市长补选前，委托政治掮客明泰均做民调，并由支持者金韩贞代付费用。一审法院认定其中5
次民调、共计2,100万韩元的代付费用成立，对吴世勋处以1,000万韩元罚金并没收2,100万韩元；按《政治资金法》第57条，1,000万韩元以上的罚金本可导致吴世勋在刑罚确定后5年内不得担任公职。
二审法院认为，关键证人明泰均的证言前后不一致、多处与客观情况矛盾，整体可信度不足；仅凭该证言定罪，需要有能够区分可信部分并予以采信的依据或佐证，而本案缺乏这样的证据。法院指出，虽然民调结果确实送达了吴世勋一方、金韩贞也确实向明泰均一方支付了款项，但没有证明吴世勋直接委托民调并要求代付费用。法院还提到，明泰均在与金韩贞的通话录音中说过“吴世勋不知道，别担心，我来处理” ，这与检方指控相矛盾；金韩贞以银行转账方式付款，也不合非法交易的常态。法院表示，在检方证据不足以确证有罪的情况下，判决必须有利于被告。同案的前首尔市政务副市长姜哲元、商人金韩贞也被判无罪。
吴世勋在庭外表示，感谢市民在他受审期间仍不撤回信任，他将更加努力工作，并对自己因受审而让市民看到自己出庭表示歉意。明泰均在社交媒体上回应说，尊重法院判决，但事实关系与判决不同。特别检察官团队表示将上诉至最高法院；有法律界人士分析说，最高法院对事实认定通常高度尊重，除非证据评价方式存在法律缺陷，否则推翻二审判决并不容易。同一法庭本月7日已在另一起明泰均民调案中，推翻了对前总统尹锡悦的两年刑期判决。
（GSM据韩联社经Infomax、《首尔经济日报》及Aju Press报道综合整理）
Seoul Mayor Oh Se-hoon Acquitted on Appeal in Poll Payment Case, Reversing Fine That Threatened His Office
SEOUL — The Seoul High Court's Criminal Division 7 acquitted Seoul Mayor Oh Se-hoon on October 23 of violating the Political Funds Act, overturning a first-trial guilty verdict. Oh had been accused of commissioning opinion polls from political broker Myung Tae-kyun ahead of the April 7, 2021 Seoul mayoral by-election and having supporter Kim Han-jeong pay the costs on his behalf. The first trial found five of the ten polls, worth 21 million won, proven, fining Oh 10 million won and ordering forfeiture of 21 million won; under Article 57 of the Political Funds Act, a fine above 1 million won would have barred Oh from public office for five years after the sentence became final.
The appeals court held that Myung's testimony, the key evidence, was inconsistent and contradicted objective circumstances in many parts, making its overall credibility weak; convicting on parts of that testimony would require grounds or corroborating evidence to distinguish and trust those parts, which the case lacked. The court noted that while poll results did reach Oh's side and Kim did pay Myung's side, it was not proven that Oh directly commissioned the polls and requested proxy payment. It also cited a recorded call in which Myung told Kim, "Oh Se-hoon doesn't know. Don't worry, I'll take care of it," contradicting the prosecution's case, and said Kim's payment by bank transfer was unusual for an illicit transaction. Where the prosecution's evidence falls short of establishing guilt with certainty, the court said, the decision must favor the defendant. Former Seoul Vice Mayor for Political Affairs Kang Chul-won and businessman Kim Han-jung were also acquitted.
Speaking outside the courtroom, Oh thanked Seoul residents for their trust and said he would work even harder, apologizing for having been seen appearing before prosecutors and the court. Myung wrote on social media that he respected the ruling but that the factual circumstances differed from the verdict. The special prosecutor's team said it would appeal to the Supreme Court; legal analysts noted the Supreme Court generally defers heavily to findings of fact, so overturning the ruling would not be easy
absent a legal flaw in how evidence was assessed. The same court on October 7 had already overturned a two-year prison sentence for former President Yoon Suk Yeol in another Myung polling case.
(GSM, from Yonhap via Infomax, Seoul Economic Daily and Aju Press)
来源：GSM·美国（原文链接）
图片来源：图：首尔夜景，资料图。照片：mauveine.kim，CC0，经Wikimedia Commons。 / Seoul skyline at night (file photo). Photo: mauveine.kim, CC0, via Wikimedia Commons.
