[이슈워치] Lee Jae-yong’s’Gukjeong Nongdan’ imprisonment for 2 years and June… Legal restraint

[앵커]

Samsung Electronics Vice Chairman Lee Jae-yong, who was handed over to trial in the case of Gukjeong Nongdan, was sentenced to two years and six months in prison today (18th) at a remand for destruction.

As a result, I was imprisoned again at the Seoul Detention Center.

Reporter Kim Dong-wook from the legal team of the Ministry of Social Affairs is in the studio.

Reporter Kim, let’s start with the contents of the judgment.

[기자]

Yes, the repatriation of Samsung Electronics Vice Chairman Lee Jae-yong, who was handed over to trial in the case of Gukjeong Nongdan, was held today (18th) at the Seoul High Court.

Vice-Chairman Lee was sentenced to two years and six months in prison and was sentenced to court.

The judiciary also ordered the confiscation of the horse’Raushing’, which was handed over to the daughter of Seowon Choi, the daughter of Seowon Choi, and returned to him.

Vice-Chairman Lee was prosecuted in February 2017 on charges of bribing former President Park Geun-hye and Bi-seon Choi Seo-won for help with the succession of group management rights.

With the reincarceration, Samsung faced a vacancy again after three years.

Former Samsung Future Strategy Office Director Choi Ji-sung and Jang Choong-ki, former Deputy Director of Samsung Future Strategy Office, were also sentenced to two years and six months in prison with Vice Chairman Lee and arrested in court.

Sang-jin Park, former president of Samsung Electronics’ external affairs, and Moh Hwang, former executive director of Samsung Electronics, were sentenced to two years and six months in prison and four years of probation.

[앵커]

Some observers said that Vice-Chairman Lee could be put on probation, but in the end he was sentenced to imprisonment.

[기자]

Vice-Chairman Lee’s appeal court judged a significant portion of the amount convicted in the first trial as innocent and admitted only 3.6 billion won as a bribe.

As a result, Vice Chairman Lee was sentenced to probation and was released.

However, the Supreme Court broke the case and sent it back to the Seoul High Court, saying that an additional 5 billion won, including the purchase of horses, should be considered guilty.

According to this purpose, the bribery of Vice Chairman Lee amounted to 8.6 billion won.

According to the Act on the Aggravated Punishment for Specific Economic Crimes, if the amount of embezzlement exceeds 5 billion won, it is required to be punished as a ‘5 years imprisonment’.

According to the Criminal Law, probation is possible only when sentenced to three years or less in prison, and analysis has shown that imprisonment is inevitable.

[앵커]

I received attention as the judge said that it would also consider the activities of the Samsung Compliance Committee.

Along with this, there was also a petition from the business world, but to no avail.

[기자]

That’s right.

Since the beginning of the trial, the court has indicated that “the effectiveness of the Samsung Compliance Committee can be reflected in sentencing”.

For this reason, the Compliance Committee has been cited as the biggest variable to determine Lee’s imprisonment or probation.

In the business world, appeals and petitions followed one after another due to the feeling of economic crisis caused by Corona 19.

Park Yong-man, chairman of the Korean Chamber of Commerce and Industry, and Kim Ki-moon, chairman of the Small and Medium Business Administration, recently filed a petition appealing for the election of Vice-Chairman Lee to the court.

In view of this situation, an analysis has emerged that there is a possibility of probation.

It is said that if the accused has a cause for extenuating, the court may, at its discretion, reduce the amount of work to half the sentence.

The actual sentence was 2 years and 6 months, which was cut by half of the legal sentence.

It seems that the court commuted the sentence at its discretion in consideration of various circumstances.

However, Vice-Chairman Lee was not free from imprisonment and court arrest.

“It is difficult to say that the criteria for effectiveness have been met,” the court said about the activities of the Samsung Compliance Committee. “In this case, we have come to the conclusion that it is not appropriate to take into account the terms of the sentence.”

[앵커]

How did both sides stand on this ruling?

[기자]

Park Young-soo’s special prosecutor’s team revealed the meaning of the ruling, saying that the judgment of guilt in the Gukjeong Nongdan case was virtually finished.

The special prosecutor explained in his position, “It is judged that the sentence was given in consideration of the purpose of the Supreme Court decision that the defendants were sentenced to imprisonment as a result of the sentence for repatriation of destruction.”

On the other hand, Samsung immediately expressed regret.

Mr. Lee’s defense attorney said he was sorry for the judge’s decision given the nature of the case.

However, he explained that he would decide whether or not to appeal again after reviewing the judgment.

<이인재 / 이재용 삼성전자 부회장 측 변호인> “The nature of this case is that the company’s freedom and property rights have been violated by the ex officio abuse of the former president. Given that nature, we are sorry for the judgment of the judges.”

[앵커]

Will my brother be confirmed as it is?

Or is there a possibility of reappealing?

[기자]

Yes, it seems that controversy over this sentence will continue.

Vice-Chairman Lee was sentenced to imprisonment for embezzlement on the job, but Lotte Group Chairman Shin Dong-bin was sentenced to probation for bribery charges, raising the issue of equity.

If both sides do not appeal again, the brother will be confirmed as it is.

If you appeal again, you will be judged by the Supreme Court once again.

Vice-Chairman Lee is likely to go to re-appeal in the spirit of grabbing a straw.

However, it is unlikely that it will be easy to overturn, as the conclusion of the revocation and reconsideration court remains the same even if it goes to re-appeal.

[앵커]

i See.

Where is Vice-Chairman Lee jailed again?

[기자]

Yes, Vice Chairman Lee was re-imprisoned at the Seoul Detention Center.

This is a re-prisonment after 1,078 days after being released on February 5, 2018, as a result of probation by the Court of Appeal.

Vice-Chairman Lee was already arrested for this case and was imprisoned for 354 days.

Now, it seems that the rest of the sentence will have to be finished.

[앵커]

It was the worst for Vice Chairman Lee.

Besides, there are other trials left?

[기자]

That’s right.

To make matters worse, Vice-Chairman Lee is also charged with other charges and must continue the trial.

On September 1 of last year, the Seoul Central District Prosecutor’s Office indicted vice-chairman Lee unequivocally over the alleged succession of management rights.

Since the end of 2018, the prosecution, which has been investigating in relation to Samsung Biologics’ fraudulent accounting, expanded the investigation with suspicion of a merger between Samsung C&T and Cheil Industries, and suspicion of illegal succession.

The Prosecutors’ Investigation Review Committee recommended that the investigation be suspended and non-prosecution against Lee, but the investigation team finally enforced the prosecution.

The prosecution concluded that the merger between Cheil Industries and Samsung C&T was’by Vice Chairman Lee and for Vice Chairman Lee’.

In this case, too, a lengthy court battle is expected, and it is noteworthy how the court will judge.

[앵커]

So far, I have heard of the results of the sentence of repatriation by Samsung Electronics Vice Chairman Lee Jae-yong for the destruction of the Gukjeong Nongdan.

Reporter Kim, thank you.

Yonhap News TV article inquiries and reports: katok/line jebo23

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2021/01/18 17:26 sent