SEOUL (Reuters) – South Korea’s Supreme court on Thursday decided that the bribery case against the heirs of the Samsung Group, it must be reviewed by a lower court, raising the possibility of a harsher sentence, and the possibility of a return to prison.
A FILE PHOTO of Samsung Electronics ‘ Vice Chairman Jay Y. Lee is with the head office in Seoul, south korea, south africa, South Korea, June 23, 2015. REUTERS/Kim Hong-Ji/Photo File
The Supreme court annulled the part of the court of appeal of bribery conviction against Samsung’s de facto chief, Jay Y. Lee, who has been sentenced to two-and-a-half-year suspended prison sentence for it to find favour in the eyes of the country’s former leader.
The Court said that the interpretation by the Seoul High Court, which meant that there was bribery from Samsung, which at the time of President Park Geun-hye has been too small, and returned the case to the court of appeal.
The court of appeal’s decision was based on the assumption that the horses of the suspects, and gave Choi Seo-won is not to be considered as a bribe, it is wrong to explain the principles of the law relating to anti-bribery and unduly influence the decision,” the Chief Justice (doj), Kim Myeong-su said.
He was a confidant of the former president, who was convicted of bribery and other charges and is serving a 20-year prison sentence.
The case against Lee at center, or of three horses was donated by the Samsung Group for the education of the daughter, However, is a competitive equestrian sport, it should be viewed as a bribe aimed at winning the president’s favor in the sets of the succession planning.
The court overturned the part of the judgments of the court of appeal, which found him not guilty. This means that it is inevitable, he will receive a harsher punishment,” said the lawyer, Choi Jin-nyoung, who was not involved in the case.
A sentence of more than three years, it would mean immediate imprisonment, as a suspension of the prison sentence shall only be allowed for a period of up to three years in the South Korean law.
Court documents showed the Park asked Lee to help her daughter and was convicted on the grounds that the horses were of a bribe at a value of about 3.7 billion won ($3.05 million). However, all of the horses were not identified as such, in Lee’s first trial, to help reduce his sentence.
The Supreme Court has held, however, that the court of appeal erred in not recognizing that the horses, when a bribe is given by google to gain benefits.
The Park was fenced in, in 2017, after weeks of street protests demanding her ouster for abuse of power and corruption in the country.
The Supreme court also ruled that the High Court erred in its ruling against the Park in the process of scoring, order of the, a review. The review is unlikely to have a significant impact on the 25-year-sentence she is serving.
The ruling cast doubt on whether Lee, 51, is able to focus on managing the group’s flagship Samsung Electronics Co Ltd. through the declining profitability of Japanese exports of the pavement with respect to the materials to be of crucial importance for the largest chipmaker.
In Japan, it is the decision last month to limit the export of its main chipmaking chemicals, after a diplomatic dispute that threatens to disrupt the production of memory chips, South Korea’s largest export product.
Lee has been a high-profile mission to take what he said to his lieutenants, was in a “crisis”.
Officials at Samsung were worried about what his absence would mean for a key-management efforts in a tougher business climate than when Lee was arrested, and in 2017, a person with direct knowledge of the matter told Reuters.
Lee, vice president of Samsung Electronics, was convicted in march of 2017 for up to five years in prison for bribing a friend to the Park for a while, he was trying to succeed his father, and to the strengthening of the control of the Samsung Group of companies.
He was released from prison after years of detention by the court of appeal Seoul High Court halved his sentence, and will be suspended for four years. Well, Lee, who denies any wrongdoing, and the prosecutor appealed.
Speaking to reporters after the verdict, Lee’s lawyer denied Samsung’s receive the benefits of the Park, said: “any payment made by Samsung was in response to a question posed by the now-deposed leader of an argument that had been made in the lower court trials.
“The decision of the Supreme court, it is to be regretted, in the sense that they have the financial support in order to meet the demand of the President, it was a bribe,” said Lee In-jae of Bae, Kim & Lee’s, which is Jay Y. Lee, and former Samsung executives.
“The defendants feel that I am very sorry to have caused disappointment and concern about this issue,” he said.
By the close of trading on Thursday, shares of 12 of the 15 mentioned the Samsung Group and affiliated companies also declined, with Samsung Electronics (uk) falling 1.7 percent and Samsung BioLogics Co. Ltd, plunging 4.9%, helping to push the benchmark KOSPI down 0.4%.
Analysts said Jay Y. Lee, they may go back to jail, it will have little impact on the chip giant’s performance.
Three of the professional chief executive officers to perform at Samsung Electronics ‘ divisions, parts, and phones, and domestic appliances.
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Park Jung-hoon, fund manager at HDC Asset Management, which owns Samsung Electronics, shares, and said on Lee’s return to the prison, it won’t have an impact on the screen, and the management, profits, and could be entitled to a presidential pardon, in view of the economic difficulties, the website of the country in the face.
“The ruling could lead to short-tern volatility in the market, however, is to reduce the uncertainty in the three-year thing,” Park said.
After the Supreme court’s decision in Samsung Electronics, said the company was “to prevent a repetition of the mistakes of the past” and promised to continue to contribute to the economic growth of the country.
Reporting by Ju-min Park, Heekyong Yang, Hyunjoo Jin and Joyce Lee; Additional reporting by Choonsik Yoo; Editing by Jack Kim Cushing and Christopher