On February 9, a Seoul court acquitted former chief prosecutor Kim Sang-min of charges related to an alleged gift of a Lee Ufan painting to Kim Keon-hee, wife of impeached president Yoon Suk Yeol. Prosecutors claimed Kim purchased the work and presented it to the former first lady in exchange for a parliamentary nomination and public office appointment. While the former prosecutor was cleared of the aforementioned charges, he received a six-month prison sentence, a one-year suspension, and was ordered to forfeit KRW 41 million (USD 28,000) after being convicted on separate counts of illegally receiving political funds.

Prosecutors had alleged that Kim purchased Lee’s From Point No. 800298 (1980) in 2023 for approximately KRW 140 million (USD 96,000), later gifting it to the former first lady. The painting was discovered during a special counsel investigation at the residence of the mother-in-law of Kim Jin-woo, the former first lady’s brother. The prosecutors sought a six-year sentence. His defense maintained that the former prosecutor had functioned solely as an intermediary between the work’s seller and Kim Jin-woo.

The prosecution’s case hinged largely on a testimony from an art broker, identified in court documents as Mr. Kang, who claimed to have overheard Kim remark that the former first lady had “received the painting and was pleased.” The court, however, found Kang’s account unreliable, citing inconsistencies regarding the timing and payment method of the transaction at each stage of the investigation. Without any written agreement or official documentation of the sale, the evidence was deemed circumstantial. The ruling emphasized that Kim’s bank records showed a deficit of KRW 290 million (USD 2 million) at the time of the alleged purchase, casting doubt on his capacity to fund the transaction. By contrast, Kim Jin-woo had sufficient liquidity, and the painting was located at a family property connected to him.

In a statement, Kim’s legal team described the verdict as vindicating their client: “The special prosecution’s failure to prove the painting’s origin and delivery is clear. The discrediting of Mr. Kang’s testimony in court reveals the prosecution’s confirmation bias.” However, the defense contested the conviction on the political funding charge, arguing that the money in question was a loan Kim intended to repay. Kim plans to appeal.

Aisha Traub Chan is an editorial intern at ArtAsiaPacific.