Bail application in a fraud case over unpaid food orders

Bail

'Bail' is a system that allows a detained defendant to be released on conditions until a judgment is rendered, so that they can be tried while not in custody.

The court must generally grant bail unless one of the following reasons exists, and even if such a reason exists, bail may be granted if there are substantial grounds.

1. When the defendant has committed a crime punishable by death, life imprisonment, or imprisonment with or without labor for a long term exceeding ten years

2. When the defendant is a repeat offender or has committed a habitual offense

3. When there are reasonable grounds to believe that the defendant may destroy evidence

4. When there are reasonable grounds to believe that the defendant may flee

5. When the defendant's domicile is unclear

6. When there are reasonable grounds to believe that the defendant may harm the victim, any person who is deemed to know facts necessary for the trial of the case, or their relatives, or their lives, bodies, or property

Recently, I will introduce a case in which attorney Joo Youngjae obtained bail for a defendant who was indicted and detained for fraud.

Facts

The defendant (client), from around December 2020, on numerous occasions, even though he had no intent or ability to pay, said he would pay for food later and had food delivered, ate it, and then cut off contact, thereby fraudulently obtaining financial benefits.

The defendant, who came under investigation for fraud, ignored multiple requests from the police to appear and went into hiding, but was eventually arrested. Because he had no fixed address and was deemed likely to flee, a warrant for pre-trial detention was issued.

After detention, the defendant confessed to all the crimes, and while repaying many of the victims, requested attorney Joo Youngjae to file a bail application.

Attorney Joo Youngjae's assistance

Attorney Joo Youngjae argued that although there were multiple victims, the total amount of damage was not very large, that most of the victims had reached a settlement or settlements were highly likely in the future, that the defendant had been suffering from mental illness and had no criminal record beyond a fine, and that the defendant promised to live at his parents' house and faithfully appear in court, so he had a fixed domicile and no risk of flight.

Court's decision

The court accepted the above arguments of attorney Joo Youngjae and granted bail on the condition of paying a bail bond of 5,000,000 Korean won. The defendant paid the bail bond on the day of the decision and was released.