1. Case Overview
The chairman of a bank's financial holding company, along with a vice president, regional branch head, and branch manager, faced allegations of conspiring to approve illegal loans for the chairman's relative. During the investigation, the regional branch head and the chairman's brother-in-law were indicted and detained. The then director of the headquarters' credit review division was also implicated and subjected to a search, summons investigation, and subsequently, a detention warrant request alongside the vice president.
2. Our Arguments and Role
We successfully argued against the detention of the credit review director by presenting the following points to the court:
(1) The director had no personal or professional contact with the chairman or his brother-in-law, and thus no evidence of conspiracy existed.
(2) The director strictly followed the bank's internal policies, guidelines, and procedures during the loan review process.
(3) The director had fully cooperated with all investigative procedures.
(4) All statements provided during the investigation were truthful and aligned with the director's recollection of events.
(5) The director's strong familial ties and cooperative behavior eliminated any risk of flight or evidence tampering.
Through detailed explanations and evidence, we effectively persuaded the court to deny the detention request.
3. Significance of the Dismissal
While the vice president, who was interrogated together, was detained, the client who chose us as his attorney could avoid detention despite having reviewed all the loans under scrutiny. By demonstrating potential disputes over the criminal intent alleged by the prosecution and emphasizing procedural compliance, we secured the client's right to defend the case in court without being detained.
- Attorneys involved: Cho Jae-bin, Kim Dae-hee, Kim Yong-hwan and Yu Da-won