Top court clears ‘Benz prosecutor’ of bribery

South Korea’s top court has come under the spotlight for clearing a former prosecutor, surnamed Lee, of bribery charges, saying no favors were given in return. Lee, 40, had been indicted for taking kickbacks, including a premium imported car.

While the district court acknowledged the charges and sentenced the ex-prosecutor to a three-year jail term, an appellate court acquitted her of the charges. The Supreme Court upheld the high court’s ruling on Thursday.

The district court had ruled that Lee received a credit card and a Mercedes-Benz sedan worth 55.9 million won ($50,800) as a bribe from a 53-year-old lawyer surnamed Choi, with whom she was reportedly in a relationship. Its verdict said the lawyer provided the then-prosecutor with the gifts in an attempt to ask a favor in a criminal case.

But the appeals and highest courts reversed the initial ruling, concluding that the two were romantically involved and supporting the defendant’s argument that the gifts were not a bribe but a token of Choi’s love.

The case, which had earned nationwide attention, was cited as an example of a loophole in the current legal system as penalizing someone for bribery and corruption by having to prove an exchange of favors.

The Supreme Court’s latest decision also drew a loud response on social media, as it coincided with the recent passage of the tough antigraft bill aimed to root out corruption. Under the new anticorruption law that is to go in effect next year, persons found guilty of receiving more than 1 million won in money or kind, regardless of reciprocity, can be sentenced to up to three years in prison.

Many netizens also criticized the latest ruling, claiming the judges showed leniency the former prosecutor.

By Kim Yon-se (kys@heraldcorp.com)