Tongyeong Law Firm Assistance Case | Assisting a Detained Client to Have a Bail Application Granted

The client borrowed money from the other party on two occasions but was unable to repay it, and he was reported on a charge of fraud.

After being reported, the client received the indictment and filed a request to change the trial date.

The request to change the date was denied, but the client's older sister received the notice and did not pass it on to the client.

As a result, the client, who failed to appear at trial without his own knowledge, was eventually moved to a detention center after a writ of arrest was issued, and while en route, he came to the Tongyeong Law Firm.

The client decided to file an application for bail in order to mount a smooth defense in the litigation with the assistance of an attorney, and he requested assistance from the Tongyeong Law Firm.

The Tongyeong Law Firm explained 🔗the crime of fraud and bail applications.

■ Article 347 of the Criminal Act (Fraud)
① A person who defrauds another to take property or to obtain pecuniary advantage is punishable by imprisonment for not more than 10 years or a fine not exceeding 20 million won.
② The same punishment as in the preceding paragraph applies to a person who, by the means described in the preceding paragraph, causes a third party to take property or to obtain pecuniary advantage.

What bail is

Bail is a system that releases a detained defendant by staying the execution of detention on the condition of, among other things, the payment of a certain amount as a deposit.

If the defendant avoids appearing in court without justifiable grounds, this entire deposit is forfeited.

※ Grounds for Exclusion from a Bail Application

The following explains the cases in which bail is not granted.

1. If the defendant has committed a crime punishable by the death penalty, life imprisonment, or imprisonment for a maximum term exceeding 10 years

2. If the defendant is a repeat offender or a habitual offender

3. If there is a concern of destruction of evidence or flight

4. If the defendant's place of residence is unclear

5. If there is a concern that harm may be caused to the life or property of a witness or others

*For a detailed legal review, please obtain a 🔗legal consultation with an attorney.

The client had no prior criminal record before this case.

The Tongyeong Law Firm argued that the client did not fall under the categories of repeat offender or habitual offender.

The client did not accurately understand the case that was proceeding.

As a result, he did not receive appropriate assistance and had no opportunity to respond to the case.

The Tongyeong Law Firm argued that the client needed legal assistance and requested leniency.

The client's family was aware of the client's trial situation.

The Tongyeong Law Firm emphasized that the client's family had promised to ensure the client's faithful attendance at trial.

The client was in a situation where he faced detention on a charge of fraud, and he urgently requested the Tongyeong attorney's assistance with a bail application.

As a result, the client had the bail application granted and was able to be released.

According to the office of National Assembly member Yang Hyang-ja, the rate of bail granted relative to the number of bail applications filed with courts nationwide was 29.2% as of 2023.

Because the conditions for granting a bail application are stringent, the probability of obtaining a decision granting it is relatively low.

For this reason, retaining an attorney to obtain assistance with a bail application is recommended.

The Tongyeong attorney works with attorneys located throughout every region through in-person meetings and real-time video conferences to present client-tailored legal solutions.

If you wish to proceed with a bail application, please reach out to a 🔗Tongyeong Attorney at any time.