Suspended Sentence for Foreign Defendant Detained After Re-Entering Korea

Taeshin Law Firm represented a foreign national who was arrested at Incheon International Airport after re-entering Korea approximately two years after the alleged offenses. The client had been accused of theft, embezzlement of lost property, and unauthorized use of stolen or lost credit cards, and was detained due to concerns about flight risk. Although the client faced unfavorable circumstances, including leaving Korea after the incident and initially giving inconsistent statements, the defense team actively participated from the warrant review stage through investigation and trial. By securing settlements with the victims, presenting the client's eventual admission and remorse, emphasizing the relatively small amount of damage, and explaining the client's lack of prior criminal history, the court sentenced the client to eight months of imprisonment, suspended for two years.

Background / Issue

The client was a foreign national who was accused of committing theft and embezzlement of lost property while in Korea. According to the allegations, the client took clothing, a mobile phone, a driver's license, credit cards, and a wallet from a victim's locker while the victim was sleeping at a sauna. On the same day, the client also came into possession of another victim's lost credit card and was accused of embezzling lost property. The client was also accused of using the stolen and lost credit cards without authorization, causing financial damage to the victims. After the victims filed complaints, the investigation began. However, the client left Korea, and a wanted notice was issued. Approximately two years later, the client re-entered Korea with family members for travel and was arrested at Incheon International Airport after the wanted status was confirmed. The client faced serious criminal risk because the case involved multiple allegations, including theft, embezzlement of lost property, and unauthorized credit card use. The situation was especially unfavorable because the client had left Korea after the incident, was arrested upon re-entry, possessed some of the victims' lost items, and initially gave inconsistent statements during the investigation. Due to concerns about flight risk, the investigative authorities requested an arrest warrant, and the court issued the warrant. As a result, the client was detained while the criminal case proceeded.

Our Legal Approach

Taeshin Law Firm actively participated in every stage of the criminal process, starting from the warrant review hearing and continuing through the investigation and trial. Because the client was a foreign national unfamiliar with the Korean criminal justice system and language, the defense team provided attorney consultations while the client was detained and explained practical steps that could help reduce the risk of continued detention and imprisonment. Since there were identifiable victims, the defense team directly contacted the victims and proposed settlement amounts exceeding the actual damage. Through these efforts, settlements were reached, and the victims expressed that they did not wish the client to be punished. The defense team also prepared and submitted a detailed legal opinion emphasizing the following mitigating factors: the client eventually admitted the offenses; the total amount of damage was relatively small; the client had already spent approximately two months in detention and had time to reflect; the victims were compensated and expressed their intention not to seek punishment; the client had no prior criminal history in Korea or abroad; and the client was a foreign national unfamiliar with Korea's legal system and criminal procedure.

Result / Outcome

The court sentenced the client to eight months of imprisonment, suspended for two years. As a result, the client was able to avoid immediate imprisonment despite having been detained and facing unfavorable circumstances related to flight risk and inconsistent statements. Foreign nationals facing criminal charges in Korea may be at greater risk of detention if the authorities believe there is a possibility of flight. This risk becomes even more serious when the client left Korea after the alleged incident and is later arrested upon re-entry. However, even in cases involving detention, victim settlement, sincere remorse, compensation efforts, and a carefully prepared sentencing strategy can make a meaningful difference in the final result.