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Deals & Cases

Opening a Gambling Place

Seongnam Criminal Attorney Assistance | Helping a Client Involved in a Gambling Crime Obtain a Suspended Sentence

The client had taken part in a gambling crime, was apprehended, and was facing criminal punishment. Seeking to avoid an actual custodial sentence, he came to the criminal attorney at the Seongnam office.

CONTENTS
  • 1. How the Client Came to the Seongnam Criminal Attorney
    • - The Story of the Client
    • - Case-Related Information Explained by the Seongnam Criminal Attorney
  • 2. Assistance Provided by the Seongnam Criminal Attorney
    • - The Seongnam Criminal Attorney's Assistance ① Active Cooperation with the Investigation
    • - The Seongnam Criminal Attorney's Assistance ② A Subsistence-Driven Crime
  • 3. The Result of the Seongnam Criminal Attorney's Assistance: A Suspended Sentence

1. How the Client Came to the Seongnam Criminal Attorney

Seongnam Criminal Attorney



The client had taken part in an organized crime operating an online gambling site, was apprehended by the police, and was facing criminal punishment.

Seeking to avoid an actual custodial sentence as much as possible, he searched for a criminal attorney and came to the Daeryun Seongnam office.

The Story of the Client

The client had once been a promising amateur athlete, but after suffering an injury that ended his career, he was at a loss.

Then an acquaintance he knew well offered to let him work abroad, and without much hesitation he went overseas.

Once there, he was taken aback to learn that the work involved operating an illegal gambling site, but, having already come so far, he initially contributed to the operation of the gambling site.

Feeling pangs of conscience, however, the client returned to Korea before long. He was then apprehended by the police, who were conducting a gambling investigation, and was indicted for the crime of opening a gambling place, leaving him facing a criminal trial.

Seeking to defend against punishment as much as possible, he came to the Seongnam criminal attorney.

Case-Related Information Explained by the Seongnam Criminal Attorney

The charge applicable to the client is the crime of opening a gambling place, which is a type of 🔗gambling crime.

However, the crime of opening a gambling place is punished under legal grounds that differ from those of ordinary gambling crimes, which simply involve participating in gambling.

The crime of opening a gambling place treats even indirect profits earned from establishing and operating a gambling space as criminal proceeds, even where there are no profits earned from direct gambling acts, so the sentence varies accordingly.

In addition, the level of punishment varies depending on how deeply the person was involved in opening the gambling place and how much intent and criminal purpose were present, so caution is required.

When a person is indicted for the crime of opening a gambling place, a comprehensive judgment must be made through a careful legal review of these sentencing factors, so the assistance of a criminal attorney with specialized knowledge and experience is important.

The penal provisions relating to the crime of opening a gambling place are as follows.

Article 247 of the Criminal Act (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 by a fine not exceeding 30 million won.

2. Assistance Provided by the Seongnam Criminal Attorney

The attorney reviewed the overall progression of the client's case in chronological order, gathered evidence that could be applied favorably to sentencing, and argued as follows.

The Seongnam Criminal Attorney's Assistance ① Active Cooperation with the Investigation

After being apprehended by the police, the client confessed regarding the persons involved and honestly stated to the police the composition, roles, and operating methods of the gambling organization, cooperating actively with the investigation.

The attorney emphasized that the client regretted having taken part in the crime and had cooperated actively to resolve the case.

The Seongnam Criminal Attorney's Assistance ② A Subsistence-Driven Crime

After his career as an athlete ended, the client could not find a suitable job and was suffering economic hardship, and during this time he took part in opening a gambling site without clearly recognizing that it was a gambling crime.

The attorney emphasized that, rather than the client having a strong criminal intent, he had become involved in the crime unintentionally while seeking a solution to support his livelihood.

3. The Result of the Seongnam Criminal Attorney's Assistance: A Suspended Sentence

Accepting the attorney's argument, the court ruled, “The defendant shall be sentenced to one year of imprisonment. However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final.”

If You Are Involved in the Crime of Opening a Gambling Place

This was the story of a client who took part in the crime of opening a gambling place, was indicted, and received a suspended sentence.

While the crime of opening a gambling place falls within the broad category of gambling crimes, there are many factors that affect punishment in connection with not only the direct gambling acts but also the operation of the gambling space.

For this reason, it is necessary to comprehensively assess the degree of involvement in opening the gambling place and how strong the criminal intent was, and to establish legal grounds that can be applied favorably to sentencing.

For this, rather than making an arbitrary judgment on one's own, it can be helpful to receive the assistance of an attorney with extensive experience and specialized knowledge.

At Daeryun Law Firm, criminal attorneys with more than 20 years of experience work to develop the optimal strategy for each case.

If you would like a consultation, please feel free to receive a consultation at any time through a 🔗legal consultation appointment.

성남형사변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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