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Assemblyman Yang Moon-suk of the Democratic Party of Korea, indicted on charges including fraudulent loans in his daughter's name, improper asset reduction, and posting false information on Facebook, is seen leaving the appellate court ruling at the Suwon High Court in Yeongtong-gu, Suwon-si, Gyeonggi-do, on July 24, 2024. The Suwon High Court's Criminal Division 3 (Presiding Judge Kim Jong-ki) upheld the original sentence in the appellate ruling on Yang's case, sentencing him to 1 year and 6 months in prison with a 3-year suspension of sentence for fraud under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and a fine of 1.5 million won for violating the Public Official Election Act. [Joint reporting]
Assemblyman Yang Moon-suk of the Democratic Party of Korea, whose election invalidation sentence was finalized by the Supreme Court on charges including loan fraud, has indicated the possibility of filing a constitutional appeal against the ruling.
Following the verdict on the same day, Yang stated via Facebook, "If the Supreme Court's ruling is found to have overlooked aspects of my family's fundamental rights, I intend to consult with my legal team and seek a decision from the Constitutional Court."
He added, "I apologize to the citizens of Ansan who have supported me despite my shortcomings, and I thank everyone who has believed in and cheered me on until the end."
The Supreme Court's Third Division (Presiding Justice Lee Heung-gu) upheld the appellate court's decision, sentencing Yang to 1 year and 6 months in prison with a 3-year suspension of sentence for charges of fraud under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
However, the Supreme Court overturned the appellate court's decision regarding the charge of violating the Public Official Election Act, which had imposed a fine of 1.5 million won, and remanded the case back to the High Court.
Members of the National Assembly lose their seats if a sentence of imprisonment or heavier (including suspended sentences) is confirmed in a general criminal case, as it disqualifies them from holding office.
Yang's spouse, identified only as Ms. Seo, who was tried alongside Yang, also had her sentence of 2 years in prison with a 3-year suspension of sentence confirmed for charges of fraud under the Special Economic Crimes Act and forgery and use of private documents.
Yang and Ms. Seo were indicted in September 2024 on charges of defrauding Saemaul Geumgo of 1.1 billion won in corporate operating funds in April 2021 by falsely claiming their college-aged child was legitimately operating a business, and then using the funds to purchase an apartment in Seocho-gu, Seoul, among other charges (fraud under the Special Economic Crimes Act).
The amended Constitutional Court Act (Trial Appeal Act), which includes finalized court rulings as subjects of constitutional appeals, was promulgated and took effect at midnight on the same day. If Yang actually files a constitutional appeal against this ruling, it would be the first instance of a National Assembly member filing a trial appeal.
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