Supreme Court orders reviews of Lee and Park cases
Samsung Electronics Vice Chairman Lee Jae-yong returns home from a business trip to Japan, at Gimpo International Airport, Seoul, July 12. Yonhap
Samsung heir risks jail term again
By Lee Suh-yoon
The Supreme Court overturned a high court ruling that freed Samsung Group heir Lee Jae-yong from jail last year with a suspended sentence, Thursday, saying it failed to take into account all the money the electronics giant gave to former President Park Geun-hye's confidante Choi Soon-sil.
The ruling could likely lead to a heavier sentence for Lee in the re-evaluation by the appeals court, with the possibility of him being jailed again.
The 13-member bench also sent the case of Park back to the high court, saying the lower courts did not separate her conviction for accepting bribes from other charges, which should have been dealt with separately according to the law on public officials.
The cases of Lee, Park and Choi will now be reviewed by the high court ― where additional evidence and exculpatory arguments can be presented ― and their sentences could be changed.
Lee was put behind bars in August 2017 after a local court sentence him to five years in jail for providing kickbacks to Choi to seek Park's help for him in cementing his control of the group.
Supreme Court Chief Justice Kim Myeong-su, center, reads the verdict for the graft cases of former President Park Geun-hye, her confidant Choi Soon-sil and Samsung Electronics Vice Chairman Lee Jae-yong, at a courtroom in southern Seoul, Thursday. Joint Press Corps
But the appeals court freed him on a suspended sentence the following year, recognizing only the 3.6 billion won Samsung gave to a paper company controlled by Choi for her daughter's equestrian training as a bribe.
A few months later in Park and Choi's cases, however, the appeals court recognized the total 8.7 billion won as direct or indirect bribes provided by Samsung. Park was given 25 years in jail at the time and Choi, 20 years.
The Supreme Court then reviewed Park, Choi and Lee's cases together to make deliver Thursday's ruling.
The top court's main reasoning for overturning the lower court verdict on Lee was the 3.4 billion won Samsung spent on buying three horses for Choi's daughter Chung Yoo-ra. The lower court said Samsung retained ownership of the horses.
"Choi Soon-sil had de facto control and ownership over the horses under a mutual agreement, so they should be considered as bribes," Chief Justice Kim Myeong-su said.
Another 1.6 billion won Samsung gave to the Korea Winter Sports Elite Center, also controlled by Choi, should also be considered as a bribe in Lee's case, the court added.
The court also said the appeals court ruling that freed Lee did not properly look into how the bribes were used to get Park's support for Lee taking full control of Samsung.
Park ordered the National Pension Service (NPS) ― a large stakeholder ― to agree to a merger between Samsung subsidiaries that increased Lee's control over the group, even though the move incurred losses of 138 billion won for the NPS.
The court also overturned part of the lower court ruling for Choi, saying the charges relating to her extorting money from chaebol were unreasonable.
The ruling signals a new turning point in the aftermath of the mass candlelit protests in late 2016. The widespread condemnation of collusion and the influence-peddling scandal between Cheong Wa Dae and chaebol ousted the conservative leader Park and put in power a new government that vowed to rein in powerful business conglomerates.