Bail application in a fraud case over unpaid food orders

Bail

Bail is a system that releases an arrested defendant on various conditions until judgment is pronounced, so that the defendant can be tried without being in custody.

The court must in principle grant bail unless any of the following grounds exist, and even if such grounds exist, it may grant bail when there are substantial reasons.

1. Where the defendant has committed an offence punishable by death, life imprisonment, or imprisonment or confinement for a maximum term exceeding 10 years

2. Where the defendant has committed an offence as a repeat offender or habitual offender

3. Where there are sufficient reasons to believe that the defendant has destroyed or may destroy evidence

4. Where there are sufficient reasons to believe that the defendant has fled or may flee

5. Where the defendant's residence is not clear

6. Where there are sufficient reasons to believe that the defendant has harmed or may harm the life, body or property of the victim, a person recognised as knowing facts necessary for the trial of the case, or their relatives

Facts

From around December 2020, the defendant (the client) obtained pecuniary advantage on dozens of occasions by ordering food to be delivered, saying he would pay later despite having no intention or ability to pay, then cutting off contact.

The defendant, who became the subject of a fraud investigation, ignored the police's requests to appear several times and went into hiding, and was eventually arrested. He had no fixed residence and was judged to be at risk of flight, so a pre-trial detention warrant was issued.

After being taken into custody, the defendant confessed to all the offences, repaid a number of victims, and asked lawyer Joo Youngjae to apply for bail.

Lawyer Joo Youngjae's assistance

Lawyer Joo Youngjae argued that the defendant had a certain residence and no risk of flight, in view of the following: although there were several victims, the total amount of damage was not large; he had reached a settlement with most of the victims or a settlement was likely soon; he had long suffered from a mental illness and had no criminal record exceeding a fine; and he was living at his parents' home and was determined to attend the trial faithfully.

The court's decision

The court accepted lawyer Joo Youngjae's arguments and granted bail on the condition of payment of a bail bond of 5,000,000 Korean won, and the defendant paid the bond and was released on the day of the decision.