Busan Attorney's Assistance | Daeryun Successfully Defends Client Who Opened and Operated a Gambling Site, Obtaining a Suspended Sentence

The Daeryun Busan attorney first reviewed the case closely in order to defend against the client's punishment.

Persuaded by a friend's claim that he could earn a great deal of money, the client came to join a criminal group formed to acquire criminal proceeds.

The client and the friends arranged the physical facilities to be used in the offense, such as an office and equipment, and prepared the physical resources needed to keep and circulate computers, burner phones, and money-mule accounts, to operate the gambling site, and to launder funds, and they set out to operate the site.

As a result, the client had been indicted on six charges, including ▲joining a criminal organization, ▲criminal organization activity, ▲violation of the National Sports Promotion Act (opening a gambling place, etc.), ▲opening a gambling place, ▲violation of the Electronic Financial Transactions Act, and ▲violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

■ Criminal Act, Article 114 (Organization of Criminal Groups, etc.)
A person who organizes, joins, or acts as a member of a group or organization aimed at committing a crime punishable by death, life imprisonment, or imprisonment for a maximum term of four years or more shall be punished by the penalty prescribed for the intended crime. However, the punishment may be mitigated.

■ Criminal Act, Article 247 (Opening a Gambling Place, etc.)
A person who, for the purpose of profit, opens a place or space for gambling shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won.

■ Electronic Financial Transactions Act, Article 6-3 (Use and Management of Account Information)
In using and managing information related to an account, no one shall, for the purpose of using it for a crime or while knowing that it will be used for a crime, receive or provide information related to an account, or keep, deliver, or circulate such information. A person who violates this shall be punished by imprisonment for not more than 10 years or a fine not exceeding 100 million won.

■ National Sports Promotion Act, Article 26 (Prohibition of Similar Acts, etc.)
A person other than the Seoul Olympic Sports Promotion Foundation and entrusted operators shall not issue sports promotion betting tickets or similar items (including issuance through information and communications networks) and provide property or financial benefits to a person who correctly predicts the results (hereinafter referred to as a "similar act"). A person who violates this shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.

■ Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3 (Concealment and Disguise of Criminal Proceeds, etc.)
A person who falls under any of the following shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won.
-A person who disguises facts concerning the acquisition or disposition of criminal proceeds, etc.
-A person who disguises facts concerning the cause of the generation of criminal proceeds
-A person who conceals criminal proceeds, etc., for the purpose of promoting a specific crime or disguising them as lawfully acquired property

The Daeryun Busan attorney argued that the client had admitted all of the charges from the investigation stage onward and had actively cooperated with the investigation.

The client deeply showed remorse for his wrongdoing and provided substantial help to the investigative authorities in proving the criminal facts of other suspects connected to this case.

The Daeryun Busan attorney argued that the court should take into account that the client was deeply remorseful and was actively cooperating with the investigation.

The Daeryun Busan attorney argued that the client's period of involvement in the gambling site was short compared with that of the other suspects.

In fact, the client had already left the organization six months before being indicted by the prosecution.

Out of guilt over committing a crime, the client took part only passively and soon quit.

The Daeryun Busan attorney emphasized that the client had not actively participated in the crime.

For the crime of gambling, the statutory provisions are complex and the punishment can vary depending on the individual's circumstances, so a favorable result may be achieved with the help of an attorney experienced in this area.

At Daeryun Law Firm, attorneys with extensive trial and investigation experience in the relevant field provide tailored legal services to clients from the early stage of a case through to trial.

If you need the help of an attorney in a situation such as the one above, you may consult a Busan attorney at Daeryun Law Firm.

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