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What Must Be Checked at the Stage When a Detention Warrant for Voice Phishing Is Requested

Once a detention warrant related to voice phishing is requested, the court schedules a pre-detention hearing (warrant review hearing) within a very short period of time. In most cases, the hearing is held as early as the day following the warrant request. All defense arguments must be fully organized within this extremely limited timeframe.

At this stage, the most critical step is to accurately confirm that a detention warrant has been requested and to immediately review the detention warrant application, the criminal complaint, and the suspect’s interrogation records through legal counsel.

Attempting to respond without understanding which charges the prosecutor is relying on to justify detention is, in effect, no different from facing the process completely unprepared.
 

Key Issues to Contest at the Pre-Detention Hearing

1) Probable Cause of the Crime

There must be reasonable grounds to suspect that the accused committed the crime. If the individual’s role within a voice phishing organization is unclear, or if the involvement was limited to a minor or peripheral role, it may be argued that the alleged criminal conduct has not been sufficiently substantiated by objective evidence.

2) Grounds for Detention

Detention may be justified only if one of the following applies:

• The suspect does not have a fixed residence

• There is a risk of destruction of evidence

• There is a risk of flight or attempted flight

3) Mandatory Considerations

The court must also consider factors such as the seriousness of the offense, the risk of reoffending, and the potential threat to victims or key witnesses.

However, not all participants are situated in the same position. Factors such as acting merely as a courier, temporary involvement, or a lack of full awareness of the criminal scheme are critical elements that weaken the necessity for detention.
 

Is It Over Once a Detention Warrant Is Issued?

Even if a detention warrant for a voice phishing case has already been issued, it does not mean that all options are exhausted.

Through a detention review (habeas-type review), it is still possible to challenge the necessity and proportionality of the detention. In parallel, strategic efforts must continue during the detention period to seek a non-indictment or the most favorable possible outcome.

In addition, attempts to recover 피해, reach settlements, deposit funds with the court, and submit mitigating materials can have a direct impact on later trial proceedings and sentencing. At this stage, every decision and every written submission can significantly influence prosecutorial decisions and future sentencing outcomes.
 

How Decent Law Firm Can Help

Cases involving detention warrants for voice phishing are not simple criminal matters. They are complex cases that require a comprehensive review of organized crime elements, conspiracy liability, and potential violations of the Electronic Financial Transactions Act.

Attempting to respond alone, without a precise understanding of how investigators approach these cases and how courts assess detention requests, is effectively the same as proceeding on the assumption that detention is inevitable.

Decent Law Firm has consistently handled voice phishing cases with a unified strategy, from the detention stage and warrant hearings through post-detention procedures.

Analyzing the structure of the case and building arguments that can genuinely persuade the court—this is what Decent Law Firm does best. Many clients have already placed their trust in us throughout this process and achieved meaningful results.

Before it is too late, we strongly recommend seeking legal advice.