Prosecutors have refuted legal representatives of Samsung Group heir-apparent Lee Jae-yong in a bribery scandal involving jailed former President Park Geun-hye, taking issue with their claim that their client’s alleged act amounted to “passive bribery.” 

The independent counsel led by Park Young-soo stated its position at the Seoul High Court on Monday, where the second formal hearing of the case took place after the Supreme Court sent it back to the lower court last year. 

The prosecution claimed the de-facto owner of the nation’s largest conglomerate and the ousted president must have been on an equal basis, in which both could actively collude for a win-win. 

Prosecutors also pointed to the previous Supreme Court ruling that described the alleged crime as active bribing, accusing the defendant of making false claims. 

Also noting a separate case in which an employee of Samsung C&T was sentenced to four years in prison for embezzling one billion won, the prosecutors argued it will be unfair if a lower sentence is issued in the case which also involves the alleged embezzlement of around eight billion won. 

Lee was indicted on bribery charges after Samsung reportedly gave some 30 billion won to former President Park and her longtime confidante Choi Soon-sil in return for help in Lee’s management succession.

The 52-year-old scion was sentenced to five years in prison in his first trial which was reduced to two years by an appellate court. But the Supreme Court acknowledged additional bribery charges and sent the case back to the Seoul High Court.