CONTENTS
- 1. Crime of Gambling | Case Details
- - Matters Assisted by the Criminal Law Attorney
- 2. Crime of Gambling | Case Result
- 3. Crime of Gambling | Response Points and the Effect of Voluntary Surrender
- - Daeryun LLC's One-Stop Response Assistance
1. Crime of Gambling | Case Details
This is the account of a client who wished to receive a criminal law attorney's assistance to turn himself in for the crime of gambling.
The client participated in illegal online gambling out of a momentary curiosity, and in the process, the records of his fund deposits and withdrawals were recorded abnormally.
As a result, the bank suspected that the account had been used in a voice phishing crime and suspended transactions.
Realizing that his conduct had damaged social trust and could be regarded as a crime, the client sought the assistance of a criminal law attorney in order to turn himself in to the investigative authorities of his own accord.
Matters Assisted by the Criminal Law Attorney
Daeryun LLC's criminal law attorney systematically prepared a statement of voluntary surrender and a letter of reflection so that the client could acknowledge the gambling conduct and voluntarily cooperate with the investigative authorities.
· Preparation and submission of a statement of voluntary surrender
The statement specified in concrete terms the type of gambling, the platform used, the number of times, and the amounts, and described in detail the process by which the client came to recognize the illegality of the gambling.
· Emphasis on sincere reflection
The statement of voluntary surrender was written centering on how the client, after receiving notice of an abnormal transaction from the bank, came to realize the harm of gambling and turned himself in by acknowledging his own offense.
· Proof of efforts toward social rehabilitation
It was submitted as evidence that the client had honestly confessed the gambling to his family and acquaintances and had voluntarily completed a program at a gambling-addiction-prevention counseling institution.
· Proof that the gains were negligible
Through the entirety of the bank account transaction records, it was demonstrated that the client had gained no actual profit from the gambling and had instead incurred losses.
2. Crime of Gambling | Case Result
Through this assistance from the criminal law attorney, the investigative authorities judged that, although the client's conduct left room for social censure, his sincere reflection and his will to prevent reoffending were clear.
Accordingly, the client received a suspension of indictment from the prosecution.
A suspension of indictment is a system under which the prosecutor, even when the suspicion of a crime is recognized, takes various circumstances into account and concludes the case without referring the suspect to trial.
That is, even where guilt is recognized, the case does not proceed to a criminal trial, and in that no criminal record remains, it provides the suspect with a genuine opportunity for recovery.
In this case as well, the client received a suspension of indictment because the grounds of sincere reflection, voluntary surrender, and negligible social harm were comprehensively recognized, and the suspicion of involvement in voice phishing was also resolved, normalizing his financial transactions.
3. Crime of Gambling | Response Points and the Effect of Voluntary Surrender
Under Article 246 of the Criminal Act, the crime of gambling refers to “the act of acquiring money or goods according to the chance outcome of a wager involving a property interest.”
The elements of the offense require (1) an element of chance, (2) a wager aimed at a property interest, and (3) repetition or a profit-seeking nature of the conduct.
The statutory penalty for simple gambling is a fine not exceeding 10 million won, and in the case of habitual gambling, imprisonment for not more than three years or a fine not exceeding 20 million won may be imposed under Article 246, Paragraph 2 of the Criminal Act.
However, for minor matters such as momentary curiosity or participation involving small amounts, a suspension of indictment or leniency may be possible depending on the degree of voluntary surrender and reflection.
Because punishment is unavoidable once the offense in a gambling case is proven, the direction of the initial response is very important.
· Sincerity of the voluntary surrender
The key is to acknowledge the offense of one's own accord before being notified by the investigative authorities. Under Article 52 of the Criminal Act, voluntary surrender is recognized as a ground on which “the punishment may be mitigated or remitted.”
· Concrete account of the offense
The number of times, the timing, and the amounts of the gambling should be clearly stated, and false statements should be avoided.
· Will to reflect
It is advisable to objectively demonstrate the will to prevent reoffending through a letter of reflection, a petition from family members, and certificates of completion of counseling or treatment.
· Transparency of the flow of funds
The source and use of the gambling funds should be disclosed transparently to forestall suspicions of money laundering or accomplices.
Daeryun LLC's One-Stop Response Assistance
Daeryun LLC provides one-stop support through collaboration among its criminal law attorneys, digital forensics center, and financial law attorneys, covering the tracing of gambling-related funds, analysis of transaction records, design of the voluntary surrender procedure, and assistance with preparing letters of reflection and petitions.
The criminal law attorney specifies the direction of the statement through consultation before appearance at the investigative authority, preventing unnecessary misunderstandings or expansion of the offense.
In addition, the digital forensics center systematically analyzes evidence from online gambling platforms and transaction records to prove that there was no actual gain.
Furthermore, in connection with the psychological counseling center, we link clients to counseling and education programs to prevent the recurrence of gambling addiction, assisting even with social rehabilitation.
In this way, Daeryun's professional assistance focuses on guiding the case from the voluntary surrender stage through to its conclusion in a prompt and substantive manner, and on helping the client return to a normal daily life.
This case shows that, even when faced with a charge of the crime of gambling, there is room to receive leniency if the direction of the initial response and the legal strategy are pursued.
If you need legal assistance in a related case, we recommend that you proceed with a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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