[TJM긴급진단-도태우 변호사 인터뷰] 삼성 이재용 부회장 왜 무죄인가? (뒤)


Sam Sung is Innocent!


Q: At the criminal trial, is it possible for the special prosecutor to prosecute or demand guilty for a person without any direct evidence which overcomes the threshold of beyond reasonable doubt?

A: In the legal sense, No. It seems that it is not right in this case because there is no direct evidence that proves the expectation of some reciprocity or unjust compensation. Even in the memo of An Jong Bum(a former head of state affairs), there was no mention about the SamSung’s request for favor or even the name of Jung Yoo Ra.

Q: Special prosecutor is trying to charge the president Park for the bribery. What are some basis for such prosecution?

A: There are two different kinds of bribery charges. One is simple bribery and the other is the 3rd party bribery. If a public official receives the bribery by him/herself (in this case president Park), this person can be hold under the simple bribery charge while if a 3rd party (Choi Seo-won(Sun-sil) receives the bribery thanks to his/her relationship with the public official, the public official will be prosecuted under the 3rd party bribery charge.

Here, the special prosecutor claims both the simple bribery and the 3rd party bribery for the president Park’s case. In order to prosecute president Park for the 3rd party bribery charge in relation to the Mir foundation and the sport elite supporting project, it is necessary for the prosecutor to prove additional element of explicit unjust request for favor from SamSung, which is very hard to prove.

Since president Park did not receive any money for herself, it is very hard for the prosecutor to prove the simple bribery as well. For the prosecutor’s point of view, the simple bribery charge is easier to prove than the 3rd party bribery and it is more persuasive argument for appealing people’s sentiment of justice.

That is why the prosecutor derived the concept of economic community in order to explain the relationship with the president Park and Choi Seo-won. Under the newly invented concept of economic community which is not found in the law, the prosecutor insisted that the president Park and Choi have been economically inseparable existence in reality. Therefore, if Choi receivesd any bribery, that means that Park herself received the same bribery.

Prosecutor has three allegations for such ill-founded economic community argument: 1) Park’s private home in Samsung-dong, 2) Clothing price paid by Choi, ;3) Building management fee paid by Choi.

For 1), it has been clarified already by many hearings that Park had gone through as a politician in the past.
For 2), it is a common sense that Park as a president could let someone else to go to the clothing shop to pay for her cloths. Everyone knew that the person who paid was not Choi who actually went to the shop to pay but the president Park was the one who paid. Also, president Park already reimbursed Choi for such payment.
For 3), there were always some people who had taken care of the president’s private home. Therefore, even though Choi sent another people to help due to some urgent necessity, it is unreasonable to claim such cases as an example showing the economic community relationship between Park and Choi.

Q: Why did the prosecutor need a concept of economic community?

A: In order to demand a heavy verdict, the prosecutor must insist a simple bribery rather than the 3rd party bribery. Therefore, for the prosecutor, Park and Choi must be regarded as the one through the concept of economic community. Also, as I already mentioned, in order to charge the 3rd party bribery, the prosecutor must prove additional element of unjust request for favor. However, it must be very difficult for the prosecutor to prove the additional element.

Q: According to your explanation, the friendship or relationship of Park and Choi itself seems to be a crime for prosecution. How do you think?

A: Yes. Park called Choi as a friend or acquaintance.
However, in terms of support for the horse riding team, Choi argued that person called Park Won -ho messed up all. According to SamSung, it did not intend to support Jung Yoo Ra as an individual but support the National horse riding team including three dressage and three disabled athletes. However, somehow, the project became problematic due to some other factors and picky request from Choi and Jung.

Q: Why did the president Park mention the horse-riding support?

A: Samsung has been in very good relationship with the National Horse-riding Association because Lee Jae Yong, the vice chairman of SamSung used to be a member of national horse riding team. Also, Chairman Lee Gun-hee successfully supported the horse-riding team at the Athens Olympic and he believed that the horse-riding sport would be a good tool for SamSung’s marketing strategy for the European market.

For president Park, she always has much interest in the culture and sport as a way to raise the national status. Therefore, even though the horse-riding is not a popular sports in Korea, she thought it would help to boost the fame of Korean people and the nation itself.