[Asia Economy Reporter Bae Kyunghwan] The prison sentence for former National Police Agency Commissioner Cho Hyun-oh, who was indicted for receiving 50 million won in cash from the representative of a mid-sized construction company in Busan, was finalized after being acquitted in the first trial and sentenced to imprisonment in the second trial.
On the 7th, the Supreme Court's 3rd Division (Presiding Justice No Tae-ak) upheld the original ruling sentencing former Commissioner Cho to 2 years and 6 months in prison and a fine of 30 million won in the appeal trial on charges including bribery.
Former Commissioner Cho was indicted on charges of receiving 30 million won from Jeong Mo, the actual owner of Busan A Construction Company, in August 2010 at the Seoul Metropolitan Police Agency office while preparing for a confirmation hearing as a candidate for Police Commissioner, and receiving 20 million won from Jeong at a Japanese restaurant in a hotel in Haeundae, Busan, in July of the following year when he was Police Commissioner.
The prosecution formally brought the case to trial in August 2015, alleging that former Commissioner Cho received a total of 50 million won in cash from Jeong in two installments.
The first trial court acquitted him, stating, "There is no proof of the crime regarding former Commissioner Cho's bribery charges." The court noted, "It appears that former Commissioner Cho and Jeong met only about 4 to 5 times at most, so it is difficult to see that there was a trust relationship enough to exchange 30 million won."
However, the second trial found him guilty of receiving 30 million won from Jeong. This was because Jeong consistently testified about the bribery circumstances during the prosecution investigation and the appeal trial, and it was unlikely that he would have falsely testified despite the risk of perjury charges. Accordingly, former Commissioner Cho was sentenced to 2 years and 6 months in prison, fined 30 million won, and ordered to forfeit 30 million won.
Both the prosecutor and former Commissioner Cho appealed, but the Supreme Court dismissed the appeals.
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