Public Official Receiving Bribes for Overlooking Drug Offenders Sentenced to Prison by Supreme Court

Bribery Charges Under the Act on Aggravated Punishment of Specific Crimes
4-Year Prison Sentence Confirmed by the Supreme Court After 1st and 2nd Trials

A public official who accepted bribes from drug offenders and either exempted them from detailed drug tests or falsified test results was sentenced to imprisonment and fined by the Supreme Court.

According to the legal community on the 26th, the Supreme Court's 2nd Division (Presiding Justice Oh Kyung-mi) confirmed on the 31st of last month the original court ruling sentencing Ministry of Justice probation officer A to 4 years in prison, a fine of 50 million KRW, and confiscation of 5 million KRW on charges including violation of the Act on the Aggravated Punishment of Specific Crimes (bribery).

A, a public official belonging to a probation office in Seoul, was in charge of probation for drug offender B from March last year. In May last year, B underwent a preliminary drug test for methamphetamine and marijuana, but the results were inconclusive, requiring a retest and detailed examination. However, B asked A to "postpone additional measures," and A allowed B to go home. The next day, B gave A 3 million KRW, asking again to delay further actions.

Five days later, A received an additional 2 million KRW from B and demanded, "I will provide convenience during the probation process. Please give me 5 million KRW every month for the next 10 months." Subsequently, despite no confirmed negative drug test results for B, A falsely recorded in the probation information system that "the drug reaction test was negative, and the interview attitude was good."

The first and second trials sentenced A to 4 years in prison, a fine of 50 million KRW, and confiscation of 5 million KRW. The court stated, "As a public official responsible for supervising drug offenders under probation orders, A was in a position to prevent recidivism, prevent crime, and promote social rehabilitation of probation subjects, yet committed the crime," and added, "This is a serious illegal act that casts doubt on the fairness of probation duties and undermines their credibility."

During the appeal trial, A's side argued that the initial 3 million KRW received was "money received unintentionally" and should be judged separately from the remaining 47 million KRW. The violation of the Act on the Aggravated Punishment of Specific Crimes applied to A carries heavier penalties if the bribe amount exceeds 50 million KRW, so this was an attempt to avoid harsher punishment. However, the court rejected A's claim, stating, "Considering that 50 million KRW in bribes was demanded within just five days, it cannot be regarded as a separate matter." The Supreme Court also agreed with the lower court's judgment and dismissed A's appeal.