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Samsung Electronics Vice Chairman Lee Jae-yong appears at the offices of Special Prosecutor Park Young-soo in Seoul’s Gangnam district before going to court for pre-arrest questioning

The investigative team led by Special Prosecutor Park Young-soo arrested Samsung Electronics Vice Chairman Lee Jae-yong, 49, on Feb. 17 on charges of passing 43.3 billion won (US$37.8 million) in bribes to President Park Geun-hye.

Previously faced with a crossroads in its investigation of Park and Lee for bribery after the late-night dismissal of an initial warrant request on Jan. 19, the team managed to recover with around ten days left before its initial investigation deadline on Feb. 28 by resorting to an aggressive move with the renewed arrest warrant request. The acknowledgement of grounds for Lee’s bribery charges at the court warrant review stage also hints that it may become easier for the team to prove Park’s role in the bribery as well.

“In view of the new criminal charges and the additionally gathered evidentiary materials, the grounds and need for arrest are recognized,” said Seoul Central District Court warrant judge Han Jeong-seok following Lee’s pre-arrest questioning (warrant validity review) the day before. The arrest warrant requested by the team was issued at 5:36 am on Feb. 17.

Lee, who had been detained at Seoul Detention Center in Uiwang, Gyeonggi Province, immediately proceeded to intake procedures for incarceration. His is the first-ever arrest of a Samsung Group head.

A request for an arrest warrant against Samsung Electronics president Park Sang-jin, 64, was rejected by the court. Working on direct and indirect orders from Lee, Park oversaw practical duties related to support for the equestrian training of Jung Yu-ra in Germany. Jung, 21, is the daughter of Choi Sun-sil, 61, who is currently under detention and indictment.

“Based on the accused’s status, the scope of his authority, his practical role, and other considerations, the grounds and need for arrest cannot be recognized,” the court concluded of Park.

The Special Prosecutor’s investigative team went all out for the seven-and-a-half hour pre-arrest questioning of Lee in court the day before, enlisting aide Yang Jae-sik, a 51-year-old graduate of the 21st Judicial Research and Training Institute (JRTI) class; investigation team leader Yun Seok-yeol, a 57-year-old graduate of the 23rd class; and chief prosecutor Han Dong-hun, a 44-year-old graduated of the 27th class. The team was facing a situation where the entire foundation for its bribery case against Park - the main focus of its investigation - might crumble if the second warrant request against Lee was rejected. The move also signaled the team’s commitment to not bowing before Lee’s no-expenses-spared legal team.

Analysts said the main reason the court moved for its original warrant request decision and recognized the need for arrest this time had to do with the team securing additional evidence that Lee’s side agreed to continue supporting Choi indirectly and conceal the terms of its contract with her after media reports of her government interference in September and October of last year. In particular, the team obtained an Oct. 2016 document containing details about a secret contract with Choi from the emails of Samsung Electronics senior director and Korea Equestrian Federation vice chairman Hwang Sung-soo, who worked with Park overseeing duties related to support for Jung’s equestrian training in Germany. The message reportedly mentioned Lee canceling an Aug. 2015 contract with Choi for Jung’s support in order to cover up Choi’s involvement, and an agreement for new support through a secret third-party contract. The Special Prosecutor’s investigative team also reportedly obtained evidence of Lee’s plans to buy - and conceal the purchase of - a horse named “Vladimir” for Choi at a price in the billions of won.

Feb. 16. (by Kim Jeong-hyo

After presenting its materials at the pre-arrest questioning the day before, the team argued that they constituted circumstantial evidence of bribery, claiming that Lee would have had no reason to actively provide financial gains or conceal Choi’s involvement if the money had been extorted by Park Geun-hye.

Also apparently influencing the court’s decision was the additional request of a warrant for the arrest of Park Sang-jin, which increased the necessity for Lee’s arrest as well. As Samsung Electronics president, Park oversaw the practical matters of economic support to Choi. According to sources, Lee claimed in two previous sessions of questioning by the team and the pre-arrest questioning the day before that he had only found out about the support to Choi later on, and that he had never requested Park Geun-hye’s help in his taking over of group management authority.

But the court found Lee’s argument unconvincing, since Park Sang-jin, as president of a global corporation in Samsung Electronics, would have had no personal motive to risk accusations of criminal gains by providing billions of won in support to Choi. It also may have considered the potential burden of being seen by the public as being soft on chaebol or accepting a scapegoat if it arrested Park while dismissing the warrant request for Lee. In its decision, the court concluded that Park was merely acting on Lee’s orders and did not need to be arrested.

The day before, the Special Prosecutor’s investigative team made a request to Prime Minister and acting president Hwang Kyo-ahn asking for an extension to its investigation period. The team reportedly plans to indict Lee on bribery charges prior to his initial detention deadline on Feb. 27 if Hwang refuses the request.

“Arresting Lee as the individual offering the bribe has the same effect as issuance of a warrant to arrest President Park, who was the recipient,” said a source with the prosecutors.

“If the prosecutors do move to indict President Park, it looks like they will have to indict her on charges of accepting bribes.”

By Kim Jeong-pil and Seo Young-ji, staff reporters

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