SEOUL, Aug 25 2017 : The billionaire head of South Korea’s Samsung Group, Jay Y. Lee, was jailed for five years for bribery today in a watershed for the country’s decades-long economic order dominated by powerful, family-run conglomerates.
After a six-month trial over a scandal that brought down the then president, Park Geun-hye, a court ruled that Lee had paid bribes in anticipation of favors from Park.
The court also found Lee guilty of hiding assets abroad, embezzlement and perjury.
Lee, the 49-year-old heir to one of the world’s biggest corporate empires, has been held since February on charges that he bribed Park to help secure control of a conglomerate that owns Samsung Electronics, the world’s leading smartphone and chip maker, and has interests ranging from drugs and home appliances to insurance and hotels.
Lee, who re-emerged stony-faced from the courtroom in a dark suit, but without a tie, and holding a document envelope, was escorted by justice ministry officials back to his detention center.
“This case is a matter of Lee Jae-yong and Samsung Group executives, who had been steadily preparing for Lee’s succession … bribing the president,” Seoul Central District Court Judge Kim Jin-dong said, using Lee’s Korean name.
Kim said that as the group’s heir apparent, Lee “stood to benefit the most” from any political favors for Samsung.
Lee denied wrongdoing, and one of his lawyers, Song Wu-cheol, said he would appeal.
“The entire verdict is unacceptable,” Song said, adding that he was confident his client’s innocence would be affirmed by a higher court.
The five year-sentence – one of the longest given to a South Korean business leader – is a landmark for South Korea, where the family-run conglomerates, known as chaebols, have long been revered for helping transform the once war-ravaged country into a global economic powerhouse.
But they have more recently been criticized for holding back the economy and stifling small businesses and start-ups.
Samsung, a symbol of the country’s rise from poverty following the 1950-53 Korean War, has come to epitomize the cosy and sometimes corrupt ties between politicians and the chaebols.
“The ruling is a turning point for chaebols,” said Chang Sea-jin, a business professor at Korea Advanced Institute of Science and Technology.
“In the past, chaebols weren’t afraid of laws because they were lenient. Now, Lee’s ruling sets a precedent for strict enforcement of laws, and chaebols should be wary.”
Under South Korean law, sentences of more than three years can not be suspended.
The third-generation de facto head of the powerful Samsung Group, Lee has effectively directed operations since his father, Lee Kun-hee, was incapacitated by a heart attack in 2014. Some investors worry a prolonged leadership vacuum, with no one to make big decisions, could slow decision-making at the group, which has more than five dozen affiliate companies and assets of 363.2 trillion won ($322.13 billion).
Its listed companies make up about 30 percent of the market value of South Korea’s KOSPI stock index.
Many tycoons, including Lee’s father, were convicted of crimes in the past, ranging from bribery, embezzlement and tax evasion, only to get presidential pardons, as both the government and the public feared going too hard on them would hurt the economy.
But South Korea’s new liberal president, Moon Jae-in, who won a May election, has pledged to rein in the chaebols, empower minority shareholders and end the practice of pardoning tycoons convicted of white-collar crime.
There was no immediate comment from the government but Moon told Reuters in an interview in June he did not believe Samsung’s operations depended just on Lee.
“When Lee was taken into custody, the share prices of Samsung went up,” Moon said.
“If we were to succeed in reforming the running of the chaebol and also increasing transparency, I believe this will not only help the economic power of Korea but also help to make the chaebol themselves more competitive.”
Investors say shares in chaebol trade at lower prices than they would otherwise because of their opaque corporate governance – the so-called Korea Discount.
Shares of Samsung Electronics dropped more than 1 percent and other group companies, including Samsung C&T and Samsung SDS, also turned lower after the verdict.
The court said Samsung’s financial support of entities backed by a friend of Park’s, Choi Soon-sil, constituted bribery, including 7.2 billion won ($6.4 million) in sponsoring the equestrian career of Choi’s daughter.
In return, prosecutors say, Samsung sought government support for the 2015 merger of two of its affiliates, which helped Lee tighten control of the conglomerate.
His lawyers had argued that the merger was done for business reasons.
‘VIOLATION OF RIGHTS’
Park, who was forced from office in March, is facing her own corruption trial, with a ruling expected later this year.
Prosecutors have argued that Park and Lee took part in the same act of bribery so Lee’s conviction would appear ominous for Park.
Hundreds of rowdy, diehard Park supporters rallied outside the court earlier to demand Lee’s acquittal.
“The trials of former President Park Geun-hye and Samsung Jay Y. Lee go hand in hand,” said Son Tong-sok, 63, who heads a conservative group, holding a Korean flag.
“Arresting these two innocent people are violations of human rights,” he said.
But such supporters are a minority compared with the huge crowds that turned out in Seoul every week to call for Park’s ouster after the bribery scandal surfaced late last year.
Public approval of Lee’s prosecution may underscore growing frustration in Asia’s fourth-largest economy that the wealth amassed by conglomerates has not trickled down.
“I think it was difficult for a court to ignore public opinion, given that the scandal rocked the country,” said Chung Sun-sup, chief executive of research firm Chaebul.com.
“The five-year sentence was low given that he was guilty of all of the charges. I think the court gave him a lighter sentence, taking into account Samsung’s importance to the economy.” – Reuters