UPDATE 3-S.Korea court ruling raises chance of Samsung heir's return to jail

In This Article:

* S.Korea's top court orders review of Jay Y. Lee's bribery case

* Increases chances of Lee returning to jail - legal experts

* Will have little impact on Samsung Elec's performance -analysts

* Lee's lawyer calls ruling regrettable (Recasts; adds quotes, legal expert comments, reaction from Lee's lawyer and Samsung Electronics)

By Ju-min Park and Joyce Lee

SEOUL, Aug 29 (Reuters) - South Korea's Supreme Court on Thursday ruled that a bribery case against the heir of the Samsung Group should be reviewed by a lower court, raising the possibility of a tougher sentence and potential return to jail.

The Supreme Court overturned part of an appeals court bribery conviction against Samsung's de facto chief Jay Y. Lee, who had been given a two-and-a-half-year suspended sentence for seeking favour from the country's ex-leader.

The Court said the interpretation by the Seoul High Court on what constituted bribes by Samsung to then-President Park Geun-hye was too narrow and returned the case to the appellate court.

"The appeals court's ruling was based on the premise that the horses defendants gave to Choi Seo-won were not to be considered bribes, misinterpreting the principle of law regarding bribery and mistakenly affecting the ruling," Chief Justice Kim Myeong-su said.

Choi is a confidante of the former president who was convicted of bribery and other charges and is serving a 20-year prison sentence.

The case against Lee centred on whether three horses donated by Samsung Group for the training of the daughter of Choi, a competitive equestrian, should be considered bribes aimed at winning the president's favour in the conglomerate's succession planning.

"The court overturned the part of the appeals court rulings that found him not guilty. That means it is inevitable he will get a heavier sentence," said attorney Choi Jin-nyoung, who is not involved in the case.

A sentence of more than three years would mean immediate incarceration as a suspension of sentence is only permitted for terms of up to three years under South Korean law.

Court documents showed Park asked Lee to help the daughter and was convicted on grounds that the horses were bribes worth around 3.7 billion won ($3.05 million). However, the horses were not recognised as such in Lee's trial, helping reduce his sentence.

The Supreme Court said however the appeals court erred in not recognising the horses as bribes given by Samsung to win favours.

Park was impeached in 2017 after weeks of street protests demanding her ouster for abuse of power and corruption.