The case of Ko Wen-je (柯文哲), chairman of the Taiwan People’s Party, was searched and interviewed by the Taipei District Prosecutor’s Office (TPC, 台北地檢署) and detained for the the Core Pacific City (京華城) case when he was mayor of Taipei. The Taipei District Court ruled in the early morning of the 02/09 that it was not bailed, and the Taipei District Prosecutor’s Office successfully appealed, and the Taipei Court officially opened the trial at 2 pm on the 05/09 and ended at 4:30 pm. At 5:08 p.m., the court announced that the “detention with incommunicado”.
The Taipei Court pointed out that after interrogation, Ko Wen-je did not dispute some of the facts referred to in the application, and there were statements of the defendant, accomplices, witnesses, and relevant documentary materials. Ko Wen-je knew that the case of increasing the plot ratio of the Core Pacific City more than 560% violated the regulations, but he still insisted on doing it and carrying out his will. As a result, his accomplice Shen Ching-ching (沈慶京) obtained illegal benefits of more than 20 billion TWD. The defendant is suspected of committing the crime of “profiteering” under the Taiwan “Corruption and Crime Control Regulations”.
The Taipei Court explained that this case has formally met the elements of Article 6 of the “Corruption Ordinance” for the crime of profit-making in respect of the contents of the current application and the facts of the case grasped by the investigating prosecutor. However, whether Ko Wen-je was the only one who simply tried to benefit Shen Ching-ching, or whether he made an agreement with his accomplice Shen Ching-ching’s or even accepted bribes in violation of his duties, remains to be ascertained by the investigating prosecutor based on the specific evidence obtained from the investigation.
The judge held that the investigation was a state of flux, and with the acquisition of evidence and materials, a specific outline of the crime was gradually formed, and even a heavy sentence for “bribery” was even transferred. In order to avoid receiving a heavy sentence, even if Ko Wen-je temporarily confesses some facts, it is still possible to avoid the important and light, change the previous words, and even collude with accomplices or witnesses in the future.
The ruling said that in order to preserve the evidence, and after measuring the illegal benefits of Shen Ching-ching in the case, the impact on the society was far-reaching, and it should be preferred to protect the public interests. Therefore, it was found that it was indeed impossible to substitute it with bail, liability, or restriction of residence, and that detention was necessary, and that Ko was detained in the Taipei Detention Center in accordance with the Criminal Procedure Law, and that interviews and correspondence were prohibited.
民眾黨主席柯文哲涉及京華城案，檢方日前對無保釋的裁定提出抗告。北院於今日（9月5日）重新召開羈押庭，決定對柯文哲進行羈押並禁止會見。根據判決書，北院認為柯文哲明知提高京華城的容積率違反法律，卻仍然堅持這樣做，導致共犯、威京集團主席沈慶京獲得超過200億元的不法利益，且存在勾串共犯或證人的風險，因此裁定羈押。
北院開庭後認為，有被告、共犯、證人之陳述、相關卷證資料等足稽，柯文哲明知增加過高、超過560%的容積予京華城一案違背法令，竟仍執意為之，貫徹意志，迥然若揭，並因此致使共犯沈慶京之京華城一案，獲不法利益200餘億元，被告（柯文哲）涉犯《貪污治罪條例》第6條第1項第4款之圖利罪之犯罪嫌疑重大。
判決指出，檢察官掌握之案情，雖形式上已符合《貪污治罪條例》第6條圖利罪之要件，但柯文哲之所為，究僅係單純圖利京華城共犯沈慶京、抑或與共犯沈慶京期約、甚至收受違背職務賄賂，仍有待偵查檢察官依調查所獲之具體證據查明。
根據判決表示，偵查為一浮動狀態，隨證據及資料之獲得將逐漸形成具體之犯罪輪廓，甚至轉成賄賂罪重刑，則柯文哲為避免受到重刑，縱使暫時坦承部分事實，仍有可能於將來避重就輕、翻異前詞，甚且勾串共犯或證人。
裁定說，為保全證據，且經衡量貪污犯行造成沈慶京在京華城案即獲有200億餘元的不法利益，影響社會層面深遠，應偏向公共利益維護。故認為確實無法以具保、責付、限制住居替代，而有羈押必要，將柯依刑事訴訟法羈押於台北看守所，並禁止接見、通信。
