Bail application in a gambling establishment case
The client ran a bar fitted out for Texas Hold'em, with tables, cards, chips and dealers, and took a cut of the players' cash outs. He denied it at first, and in May 2021 he was arrested and held in custody on a charge of running a gambling house. He then admitted the offence and asked to be let out while he waited for trial, with a wife and minor children at home.
Bar ownerTexas Hold'emHeld in custodyBail applicationWife and children
Bail granted (보석 인용)Criminal
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Bail
'Bail' is a system that allows a detained defendant to stand trial without detention, with conditions, until a verdict is rendered.
The court must, in principle, grant bail unless one of the following grounds exists, and even if a ground exists, bail may be granted if there is a reasonable cause.
1. When the defendant committed a crime punishable by death penalty, life imprisonment, or imprisonment with or without labor for a long term of more than 10 years.
2. When the defendant is a repeat offender or committed a habitual crime.
3. When there are reasonable grounds to believe that the defendant may destroy evidence or there is a risk of destruction.
4. When there are reasonable grounds to believe that the defendant may flee or there is a risk of flight.
5. When the defendant's residence is not clear.
6. When there are reasonable grounds to believe that the defendant may harm or is likely to harm the victim, a person who is recognized to know facts necessary for the trial of the case, or their relatives' life, body, or property.
Facts of the case
The defendant (the client) ran a bar from around January 2021, providing tables, cards, chips, and dealers for 'Hold'em', a type of poker, allowing customers to play, and charging exchange fees. He was detained in May 2021 on charges of operating a gambling house.
The defendant initially denied the charges, claiming he did not exchange cash or provide prizes, but after being detained, he confessed to the crime and requested bail from Joo Youngjae.
Joo Youngjae's assistance
Joo Youngjae actively argued that since the investigative agency had already seized numerous pieces of evidence and accomplices had confessed, there was no evidence to destroy, and that the defendant had minor children and a wife to support, so there was no risk of flight.
Court's ruling
The court accepted Joo Youngjae's argument and granted bail on the condition of paying a bail deposit of 10,000,000 Korean won, and the defendant was released on the same day after paying the deposit.
Before you read
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