Gambling is a crime that destroys everyday life... To prevent family breakdown and fraud

A man in his 20s who lost tens of millions of won in gambling after being discharged from the military and borrowed money from acquaintances and did not pay back was recently shackled on charges of fraud. Surprisingly, it was his parents who stopped him. The parents, unable to watch their son struggling in the swamp of gambling, directly requested police arrest and investigation. Adding to the shock, it was revealed that the suspect was gambling on his smartphone even at the time of his arrest.

Gambling addiction is growing beyond an individual's deviance into a serious social problem.

According to data submitted by the Gambling Industry Integrated Supervision Committee to the office of Representative Min Hyeong-bae on the 31st, the number of gambling addiction patients increased by 127% in five years from 1,491 in 2019 to 3,391 in 2024. This year, in just August, the number of patients has already surpassed the total number of patients last year.

Gambling can lead to the ruin of a person's life and family, as well as criminal punishment.

In relation to this, attorney Cho Ik-cheon of Daeryun Law Firm said, “Gambling is difficult to stop through one’s own will, and in most cases, it leads to additional crimes such as fraud or theft to raise funds. Even if it is a first-time offender, it is difficult to avoid imprisonment if habitual behavior is recognized or the scale of gambling is large, so it is important to show professional response and willingness for treatment from the beginning of the investigation.”

The following is a Q&A with Attorney Cho.

-How do the levels of punishment differ between simple gambling and habitual gambling?

▲According to Article 246 of the Criminal Act, anyone who gambles with money is subject to a fine of up to 10 million won. However, exceptions are made when it is only temporary entertainment. However, if ‘recidivism’ is recognized, the punishment becomes much more severe. Habitual gambling is punishable by up to three years in prison or a fine of up to 20 million won.

-How is habituality judged?

▲Recidivism is determined by comprehensively considering the number, period, scale, and criminal history of gambling. If you make a living through gambling without a job, or if you bet a large amount of money over a short period of time, you are likely to be considered a habitual gambler. Recently, cyber gambling such as illegal sports Toto has become prevalent, and this is a violation of the National Sports Promotion Act and carries harsher punishments, such as imprisonment for up to 5 years or a fine of up to 50 million won.

-Why is borrowing money to finance gambling, as in this case, considered fraud?

If you borrow money by deception even though you did not have the ability or intention to repay it at the time of borrowing, you are guilty of fraud. In particular, lying about the intended use is the core of deception. In the case above, it is clear that the victim would not have lent the money if he had known that it would be used for gambling, so this is a crime of fraud that defrauded the victim and stole his property. Fraud is punishable by up to 10 years in prison or a fine of up to 20 million won, and can be subject to aggravated punishment as a concurrent crime with gambling.

-Can I avoid punishment if I gambled on a site with an overseas server?

▲It is impossible. Korean criminal law follows the secularism principle, so even if a Korean gambles using an overseas server, he or she will be punished under domestic law. Recently, investigative agencies are using advanced investigation techniques such as account tracking, IP tracking, and digital forensics to track and arrest not only operators but also simple users.

-When a family member becomes addicted to gambling, what is the most helpful way to respond?

▲Gambling addiction is both a disease and a crime. In many cases, it is difficult to resolve the issue by persuading family members or paying off the debt on their behalf. Rather, once the debt is paid off, the person returns to gambling, repeating the vicious cycle. In addition, the most important thing when involved in a related crime is to objectively prove the ‘will to prevent recidivism’. A statement of reflection that simply says “I will never do it again” is ineffective. It is helpful to receive counseling from a specialized organization, such as the Korea Gambling Problem Prevention and Treatment Center, and submit sentencing materials containing a certificate confirming that you are faithfully participating in the treatment program and a detailed supervision plan for your family.

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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The crime of gambling that destroys daily life... To prevent family breakdown and damage from fraud (Shortcut)