The client, who had no intention or ability to sell the items in the first place, posted the items for sale on Naver's Used Nara Cafe to secure cash, and extorted payment for the items from the victims who contacted him. The Seoul Central District Prosecutors' Office soon arrested the client on a warrant, and the Seoul Central District Prosecutors' Office prosecuted the case of fraud The Seoul Central District Prosecutors' Office requested an arrest warrant based on these alleged fraudulent facts.
The court will conduct a 'Warrant Substantive Review'which determines whether or not a person can be detained by a court.
Case Issues
The client had no apparent residence at the time of his arrest; ➋ the allegations were serious, with hundreds of victims; ➋ the client was considered a flight risk and evidence destruction risk; and ➌ there was no settlement with any of the victims.
If the victims were not reimbursed at all, there was a high probability that they would be imprisoned, so a settlement was necessary.
Troubleshooting
After being appointed to the case, Ongang Law Firm was in constant contact with the representatives of the group KakaoTalk chat room where the victims gathered, and made efforts to reach a settlement, which resulted in a dramatic settlement with a significant number of victims on the day of the warrant hearing.
In addition, during the warrant substantive review process, he vigorously argued that: ➊ he had moved back to his home and would continue to live there; ➋ he had admitted to all charges, so there was no risk of flight or destruction of evidence; ➌ he had reached settlements with a significant number of his victims; and ➍ it would be easier for his client to make restitution to the remaining victims if he remained incarcerated and under investigation.
Based on these defense arguments, the court found that there was no need to take the suspect into custody, and denied the denied the petition for a writ of habeas corpusand the client is now free to continue his investigation and trial.
