Ex-police official's bribery sentence slashed on appeal; CIO prosecution of associates dismissed

A former senior police official, initially handed a 10-year prison sentence for accepting over 700 million won in bribes, has seen his sentence drastically reduced in an appeals court. The Seoul High Court overturned a key bribery conviction, sentencing the former police commissioner, identified only as Kim, to one year in prison, suspended for two years, and a fine of over 110 million won.

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The defendant appears to have managed the account to some extent and intervened in deposits and withdrawals, but it is difficult to see that the defendant managed the account entirely and deposited or withdrew money regardless of the account provider's intentions.

The appeals court found that the bank account used to transfer a significant portion of the alleged bribes could not be definitively classified as Kim's "nominee account." While acknowledging Kim's involvement in managing the account's transactions, the judges stated there was insufficient evidence to prove he had complete control or used it independently of the account holder's intentions. This ruling meant the more than 600 million won deposited into the account could not be conclusively linked to Kim as a bribe.

However, Kim was found guilty of violating the Improper Solicitation and Graft Act for accepting electronic goods, including a credit card and laptop, from an associate. The court noted the value of these items exceeded 100 million won and the offenses spanned over two years and seven months, warranting a significant penalty.

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The amount of money the defendant received exceeds 100 million won, and the crime continued for 2 years and 7 months, so he must bear corresponding criminal responsibility.

In a separate aspect of the ruling, the court dismissed the charges against Kim's associates, including the businessman who allegedly paid the bribes and the individual who introduced them. The Corruption Investigation Office for High-ranking Officials (CIO) had directly investigated and prosecuted these individuals. However, the court ruled that the CIO lacks the legal authority to prosecute individuals who are not high-ranking officials or their family members, rendering the CIO's prosecution of these associates invalid.

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The Corruption Investigation Office for High-ranking Officials does not have the authority to prosecute ordinary people who are not high-ranking officials or their families.