CONTENTS
- 1. Imprisonment Expected on Multiple Charges, Including Opening a Gambling Place
- 2. Charges Including Opening a Gambling Place Acknowledged, Emphasizing a Commitment to a Lawful Future
- - What Is the Sentence for Joining a Criminal Organization and Opening a Gambling Place?
- 3. Court Hands Down a Suspended Sentence for the Defendant Charged with Opening a Gambling Place and Related Offenses
1. Imprisonment Expected on Multiple Charges, Including Opening a Gambling Place
The client, against whom multiple charges including opening a gambling place had been brought, faced a situation in which imprisonment was expected. The client was said to have operated an illegal gambling site together with numerous members of an organization.
The organization was divided into a head (the boss), middle managers (chiefs), lower managers (team leaders), and ordinary members (staff), with a fixed hierarchy. The organization's decisions and operating policies were determined through internal meetings of the management group, namely the head and the middle managers (chiefs), and were then passed down in order of rank to the lower-level members.
Promotion of the illegal gambling site and recruitment of members were handled by distributors, and the members operated in a coordinated manner. When site members deposited gambling funds, they charged game money and transferred it to management accounts designated by the head, thereby carrying out the work of managing the proceeds.
The client also accepted their proposal and agreed to take part. The client traveled abroad in person with them and handled consultation duties, thereby acting as a member of the criminal organization.
Having ultimately conspired with the other members and committed serious offenses such as opening a gambling place, the client faced an expected heavy sentence.
2. Charges Including Opening a Gambling Place Acknowledged, Emphasizing a Commitment to a Lawful Future
Through detailed consultation with the client, Daeryun Law Firm assembled a team of attorneys made up of numerous specialists with extensive experience in cases involving the opening of a gambling place.
The Daeryun attorney team requested a lenient disposition, noting that the defendant was sincerely reflecting on the charges, including opening a gambling place, and was committed to living an upright life going forward.
■ The defendant had joined, as an ordinary member, a criminal organization formed for the purpose of operating an illegal gambling site.
■ The defendant's degree of involvement was found to be smaller than that of other members.
■ The defendant acknowledged all of the evidence submitted by the prosecutor and was sincerely reflecting on his conduct.
■ The defendant confessed to all charges and cooperated actively with the investigation.
What Is the Sentence for Joining a Criminal Organization and Opening a Gambling Place?
This section examines the sentencing for offenses such as joining a criminal organization and opening a gambling place.
In particular, because the client committed the offenses together with several others, multiple statutory provisions applied, including those on joint principal offenders, so these are examined together as well.
Criminal Act Article 30 (Joint Principal Offenders) When two or more persons jointly commit a crime, each shall be punished as a principal offender for that crime.
Criminal Act Article 40 (Compound Crimes in the Imaginative Sense) When a single act constitutes several crimes, the offender shall be punished by the penalty prescribed for the most severe crime.
Criminal Act Article 50 (Severity of Punishment) (1) The severity of punishment shall follow the order set out in the items of Article 41. Provided that, as between imprisonment without labor for an indefinite term and imprisonment with labor for a definite term, the former shall be deemed the more severe, and where the maximum term of imprisonment without labor for a definite term exceeds the maximum term of imprisonment with labor for a definite term, the former shall be deemed the more severe. (2) As between punishments of the same kind, the one with the longer maximum term and the larger maximum amount shall be deemed the more severe, and where the maximum term or maximum amount is the same, the one with the longer minimum term and the larger minimum amount shall be deemed the more severe. (3) Except as provided in paragraphs (1) and (2), severity shall be determined by considering the nature of the crime and the circumstances of the offense (犯情).
Criminal Act Article 114 (Organization of a Criminal Organization, etc.) A person who organizes, joins, or acts as a member of an organization or group formed for the purpose of committing a crime punishable by death, imprisonment for an indefinite term, or imprisonment for a definite term of at least four years shall be punished by the penalty prescribed for the intended crime. Provided that, the punishment may be mitigated.
Criminal Act Article 247 (Opening a Gambling Place, etc.) A person who opens a place or space for gambling for the purpose of profit shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won. |
National Sport Promotion Act Article 26 (Prohibition of Similar Acts, etc.) (1) A person other than the Seoul Olympic Sports Promotion Foundation and its entrusted operators shall not issue sports promotion betting tickets or similar items (including issuance through an information and communications network) and provide money, goods, or property benefits to a person who correctly predicts the outcome (hereinafter referred to as a "similar act"). (2) No person shall engage in any of the following acts. 1. Designing, producing, or distributing a system that issues sports promotion betting tickets or similar items using an information and communications network as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., or making such a system available for public use. 2. Providing information related to the relevant sporting event for the purpose of a similar act. 3. Promoting a similar act, or brokering or arranging the purchase of sports promotion betting tickets or similar items.
National Sport Promotion Act Article 49-2 (Penalty Provisions) A person who, in violation of Article 18-10 (3), discloses to another person a secret learned in the course of duty or provides related materials shall be punished by imprisonment for not more than one year or a fine not exceeding 10 million won. |
3. Court Hands Down a Suspended Sentence for the Defendant Charged with Opening a Gambling Place and Related Offenses
The court accepted the arguments of Daeryun Law Firm and imposed a suspended sentence on the defendant.
As to the reasons for imposing a suspended sentence on the defendant, who faced multiple charges including opening a gambling place, the court explained that it had comprehensively considered the various sentencing factors appearing in the case record and at trial, such as the defendant's age, character and conduct, family relationships, the motive for the offense, the means and results, and the circumstances after the offense.
Daeryun Law Firm assembles a team made up of numerous legal specialists to maximize expertise, and, through Daeryun's own litigation system built on its record of resolved cases, has guided the matters entrusted to it toward favorable outcomes.
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