At Seoul Law Group (SLG), we specialize in providing criminal defense services for foreigners in Korea. Among our many success stories, one case in particular offers valuable insights on co-defendant liability, the risks of hiring former judges or prosecutors, and parole eligibility.
Table of Contents
The Case Background: A Fraud Conspiracy Charge
Our client came to us after being indicted as a co-conspirator in a fraud scheme. The problem began when his wife told her friends and relatives that her husband was a financial genius. She raised funds from them, while the husband—unaware of the details—managed the investments. Everything seemed fine until returns dwindled, dissatisfaction grew, and accusations of fraud followed.
“Co-Conspirator” in Korean Criminal Law
In Korean criminal law, once indicted as co-conspirators, defendants are no longer seen as completely separate individuals. For this reason, insisting on personal innocence—‘I didn’t know’ or ‘I wasn’t involved’—rarely benefits the accused and can even backfire. Judges may sympathize on a human level, but they cannot allow such arguments to influence the verdict because they must follow strict legal criteria. Understanding this mechanism can greatly help.
In our client’s case, he felt deeply wronged because he had no knowledge of his wife’s actions. Still, he agreed not to dwell on that emotional unfairness and instead accepted responsibility as the law required, choosing to focus on strategy. Even if he had argued to the court that he was unaware of his wife’s actions, the court would not have listened to him, saying, “How could you possibly not know when your wife is telling her relatives about you?”
This highlights the critical role of professional guidance in criminal defense.: without it, many defendants act on common sense or emotion, which is extremely risky. Court decisions, much like a checklist, must go through fixed requirements. Once you grasp this, it becomes clearer why criminal defense always begins by quickly deciding whether to contest guilt or acknowledge it and then building the next steps accordingly.
Here, the decision was to acknowledge guilt, which meant we had to focus on satisfying as many favorable sentencing conditions as possible. Yet during this process, the client made a choice that ultimately harmed his position: he hired a former judge as his attorney.
The Risk of Hiring Former Judges or Prosecutors
A former judge—commonly called a “jeongwan lawyer (전관 변호사)” in Korea—is widely believed to improve the chances of leniency. This is because judges tend to listen more attentively to lawyers who were once their colleagues or even their superiors.
Our client thought so too, so he spent a lot of money to hire a former judge as his additional attorney. Months later, however, when he returned to us with the judgment, the ruling included a sharp rebuke:
“If you had the resources to pay 30 million KRW to a former judge, you should have used that money to compensate the victims rather than rely on promises to pay later.”
In fraud or embezzlement cases, or any case where financial compensation is required, this is a critical lesson. Judges view compensating victims far more favorably than paying high legal fees. A conviction can be aggravated when expensive defense counsel is prioritized over restitution.
Sentenced—But Not the End
Ultimately, the client received a prison sentence.
In Korea, a retainer agreement always specifies a scope of work, defining what services are provided in return for legal fees. Once a judgment is delivered, that scope normally ends. In this client’s case, however, personal circumstances and our belief in his good character led SLG to stay in contact even after incarceration, eventually assisting him with parole.
Parole for a foreigner in Korea
You can find one of the general requirements for parole is to serve at least one-third of a fixed-term sentence. Typically, however, parole in Korea requires serving 70–80% of the sentence, since the statutory minimum is only a baseline. Yet our client was released after meeting only that minimum threshold, which might be far beyond what legal practitioners expected.
There are, in fact, special requirements that apply only to foreign nationals seeking parole—information rarely available online beyond our blog. SLG provided this knowledge and guided the client in meeting all relevant criteria.
We also submitted petitions (탄원서) from the victims, which carry significant weight in parole decisions. No matter how exemplary an inmate’s conduct may be, if victims file objections, parole eligibility can be overturned instantly.
In our client’s case, once news spread that he had been sentenced to prison, additional victims who had not intended to file complaints became anxious and submitted new charges. This created a dangerous situation: he could have been summoned back to court in prison uniform, faced another trial, and risked an extended sentence. While the client’s family faced hardship, the victims themselves were also at risk of further disadvantage.
A Win-Win Strategy Turning Crisis into Resolution
Why can additional charges and extended prison terms also harm the victims? Because imprisoning the offender does not improve the victims’ situation. For victims of financial crimes, swift compensation is far more urgent. In such cases, it benefits everyone if the offender is released sooner, able to work, earn money and able to repay the debt. Receiving part of the compensation immediately can help victims cover urgent needs while waiting for the rest.
This is where the concept of a “deferred settlement (외상 합의)” comes in. While the offender may not be able to repay the entire amount at once, they can pay part of it immediately and commit in writing to repay the balance in installments over time. Such documents—like promissory notes—carry legal effect, allowing victims to rely on them when agreeing to settle.
The problem, of course, is trust. Victims who have already suffered from fraud or embezzlement often find it nearly impossible to trust the offender again, and they naturally assume that the offender’s lawyer will side only with the offender.
SLG broke from this typical pattern and pursued a solution that truly benefited both sides. Instead of merely defending our client, we focused on showing victims why early release would serve their own interests as well. We sincerely persuaded them that releasing the client—who had the ability to repay—would ultimately help them recover faster. We also stressed that the client, a foreign national, had no risk of fleeing abroad because his Korean wife was suffering from cancer and wanted to receive treatment surrounded by her family.
It is so natural that the client wished to minimize the settlement amount, while the victims wanted to maximize recovery. SLG stepped in to propose a middle ground where both sides could reach satisfaction.
In this case too, that approach enabled an exceptionally swift release—faster than any precedent.
Beyond Legal Defense: Supporting the Client and Family
In Korea, it’s common for families of inmates to send letters, deposit money, or bring in books. Foreign clients, however, often have no relatives nearby—or their families may simply not know how the Korean system works. SLG bridged that gap by arranging prison deposits, delivering letters and books, and making sure the client’s needs were met.
We also went a step further for his family. After losing their main breadwinner, they were left without income. SLG researched available welfare programs, reviewed eligibility, and guided them through the process. As a result, the family was able to receive living expense subsidies that helped them manage daily life.
Here’s a quick recap.
Key Lessons from This Case
- Co-Conspirators: In Korean law, once charged as co-conspirators, defendants are treated as one. Strategic decisions—not emotional protests—are crucial.
- Former Judges/Prosecutors: Hiring them in fraud or embezzlement cases can backfire if victim compensation is neglected.
- Parole: While the rule of thumb is 70–80% of a sentence, accurate knowledge and victim support can achieve earlier release.
For further information for fraud, please refer to the articles below.