CIO to Supplement Legal Arguments in Police Chief Bribery Case, as Investigative Capacity Faces a Test

[Financial News] The Corruption Investigation Office for High-ranking Officials (CIO) has filed a final appeal after the appellate court sharply reduced the sentence in a case involving a police superintendent accused of taking bribes worth 700 million won. The office has also instructed prosecutors to strengthen the legal arguments, as this was the CIO's first case initiated on its own recognition, and the final ruling could fuel doubts about its ability to investigate such cases.
According to the legal community on the 1st, the CIO submitted a notice of appeal on the 28th of last month to Criminal Division 3 of the Seoul High Court in the case of former police superintendent Kim, who is accused of violating the Act on the Aggravated Punishment of Specific Crimes, including bribery. It has since begun supplementing its legal arguments. The Supreme Court of Korea is expected to hear the case as the final court.
The appellate court overturned the lower court's ruling, which had sentenced Kim to 10 years in prison, and instead handed down a one-year prison term with a two-year suspended sentence. It said the lower court had erred in fact and law by treating the account as a borrowed-name account belonging to Kim.
The appellate panel said, "It is difficult to conclude that it was proven beyond a reasonable doubt that he had reached the point where he could deposit and withdraw money in the account and use it at his own discretion." It added, "Even assuming it was Kim's borrowed-name account, the mere fact that 630 million won originating from businessman A was deposited there does not allow us to conclude that the money was paid by A to Kim."
The court did, however, uphold the charges that Kim violated the Improper Solicitation and Graft Act and the Specialized Credit Finance Business Act. It acquitted him of bribery under the Aggravated Punishment of Specific Crimes Act, violations of the Act on the Regulation and Punishment of Concealing Proceeds of Crime, and violations of the Electronic Financial Transactions Act.
The CIO is now working to reinforce the legal basis and evidence showing that the payments were made in exchange for favors. At a regular briefing held that day at the Government Complex in Gwacheon, the office said it filed the appeal because it could not accept the dismissal of the indictment, parts of the partial acquittal, and the exclusion of illegally obtained evidence.
A CIO official said, "In this police superintendent bribery case, the first trial found that we had investigative authority over the bribe giver, but the second trial reached the opposite conclusion." The official added, "This happened because the rules are not clear. That part also needs to be fixed." The official also noted, "At present, we can investigate and prosecute judges, prosecutors, and police superintendents or higher who directly received bribes, but there is no provision that clearly establishes investigative grounds for bribe givers."
The CIO is currently supplementing its legal arguments and evidence, including that Kim received requests from A for police introductions to facilitate illegal funeral-related businesses such as tree burials, and that he agreed to accept money and valuables before carrying out the scheme. The office believes Kim used A's credit card for more than 100 million won and also received cash in exchange for the requests.
Meanwhile, the CIO has assigned a complaint case related to allegations over Chief Justice of the Supreme Court of Korea Cho Hee-dae's written recommendation of Supreme Court justices to Investigation Division 1, led by Chief Prosecutor Na Chang-su, and has launched a full investigation.
A CIO official said, "The case filed by a civic group against Chief Justice Cho was assigned to Investigation Division 1 on the 27th of last month." The official added, "The allegations include abuse of authority and dereliction of duty."
Earlier, the NGO Citizens' Action for Establishing Judicial Justice filed complaints last month against Chief Justice Cho and Minister of the National Court Administration Noh Gyeong-pil. Cho is suspected of recommending the appointments of former Supreme Court Justice Rho Tae-ak and Supreme Court Justice Lee Heung-gu in writing, rather than through the customary in-person process.
[email protected] Yoo Seon-jun Reporter