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Gambling

Gambling Punishment Defense Case | A Criminal Attorney Assists a Client Charged with Gambling to Obtain a Fine

The client, facing the risk of punishment for gambling, came to a criminal specialist attorney who had taken on many gambling-related criminal cases and requested legal assistance in order to defend against punishment ahead of police questioning.

CONTENTS
  • 1. The Client Facing Gambling Punishment
    • - Circumstances of the Case
  • 2. Sentencing Levels for Gambling
    • - Issues of the Case
  • 3. Assistance Provided to Defend Against Gambling Punishment
    • - Argument to Defend Against Gambling Punishment (1) | Awareness of Gambling
    • - Argument to Defend Against Gambling Punishment (2) | First-Time Offender
  • 4. Gambling Punishment Assistance Outcome, 'Fine'
    • - If You Are Facing Gambling Punishment?

1. The Client Facing Gambling Punishment

Example of a client receiving a fine for gambling

The client, who was facing punishment for gambling, was in a situation where even the possibility of an actual custodial sentence was a concern, but thanks to the prompt and strategic assistance of the criminal attorney, the client was able to conclude the case with a fine.

Circumstances of the Case

While using their mobile phone at home, the client received an advertising text message stating ‘Free cyber money provided.’

Out of curiosity, the client accessed the site, actually received cyber money, and used it to begin gambling.

After that, the client directly transferred money and engaged in gambling on about 5 occasions.

However, when the illegal gambling site was caught by the police, the client was also investigated on a charge of gambling.

The client, who worked as a freelancer, had regarded it only as a game to pass the time and did not even recognize that it amounted to an act of gambling.

As anxiety about an actual custodial sentence grew, the client requested help from a criminal lawyer at Daeryun Law Firm in order to respond promptly to the criminal case.

2. Sentencing Levels for Gambling

In the case of gambling, punishment is subject to criminal penalty under the Criminal Act, and depending on the circumstances an actual custodial sentence may be imposed.

Article 246 of the Criminal Act

Gambling and Habitual Gambling

(1) A person who gambles is punished by a fine not exceeding 10 million won. An exception applies, however, where the conduct amounts to no more than momentary amusement.

(2) A person who habitually commits the crime under paragraph (1) is punished by imprisonment for up to 3 years or a fine not exceeding 20 million won.

Issues of the Case

The circumstances under which the client came to use the site as a mere extension of a game, without clearly recognizing that the site was illegal gambling, were one of the core issues of this case.

To prove this, the criminal attorney analyzed in detail the wording contained in the advertising text messages, the time of the first access to the site, the actual usage patterns, and the like, and prepared a defense strategy so as to demonstrate that the client's motive for use was a temporary recreational purpose rather than financial gain.

3. Assistance Provided to Defend Against Gambling Punishment

Preparing a response strategy for mitigation of gambling punishment

The client received an advertising text message on his mobile phone stating that ‘free cyber money will be provided’ and accessed the site for the first time.

In response, the criminal attorney actively demonstrated to the investigative authorities the circumstances under which the client first accessed the site, the actual number and scale of the gambling, and the fact that he did not obtain any financial gain, and provided strategic assistance to obtain a disposition of a fine from the investigation stage.

Argument to Defend Against Gambling Punishment (1) | Awareness of Gambling

The client asserted that the client had proceeded simply with the thought of enjoying a game, without any awareness that it was an illegal gambling site, and that in fact it had only been to the extent of interest in the outcome of the game, with no purpose of obtaining a financial gain.

In response, Daeryun's criminal defense attorney focused from the early stage of the investigation on securing consistency in the client's statements, and worked to objectively prove that the number of instances of gambling and the amounts were relatively minor.

In collaboration with Daeryun's own evidence investigation center, the attorney secured and submitted related supporting materials such as account transaction records, text message receipt records, and the number of access instances.

Argument to Defend Against Gambling Punishment (2) | First-Time Offender

The client was a first-time offender with no record of any similar gambling-related offense, nor any prior criminal record at all, before this case.


The client was also deeply remorseful, with a firm resolve never to make the same mistake again.

Accordingly, the criminal defense attorney prepared a handwritten letter of apology written by the client and, to prevent recurrence, supported the client in diligently completing online addiction prevention education.

The attorney then submitted the certificate of completion of that education along with evidence of the client's intent to reform to the investigative agency, providing assistance so that the sincerity could be effectively demonstrated.

4. Gambling Punishment Assistance Outcome, 'Fine'

Response to gambling punishment, necessity of assistance from a specialized attorney

With the prompt assistance of the criminal attorney, the client was sentenced to a fine in this gambling case.

If You Are Facing Gambling Punishment?

In the case of punishment for gambling, even if it is for mere recreational purposes, it may be regarded as a crime under the Criminal Act and become subject to criminal punishment, and depending on the repetitive nature of the conduct or the scale of the amount, there is a possibility that even an actual custodial sentence may be imposed.

In particular, because investigative agencies assess matters centered on the intent, the repetitiveness, and whether there was financial gain in the gambling, it is important to explain the circumstances of the case in detail and to convey persuasively the client's willingness to reflect and efforts to prevent reoffending.

Therefore, even for a first-time offender or small-scale gambling, in order to avoid receiving an unfavorable assessment, it is necessary to receive the assistance of a criminal lawyer who has handled many gambling cases from the early stages of response.

Daeryun LLC has many criminal law specialist lawyers registered with the Korean Bar Association, so it can promptly prepare a tailored response suited to the client's circumstances.

In addition, by conducting preliminary simulations together with experts in an environment that replicates the actual investigation and trial procedures, we help prevent unfavorable statements and assist with practical preparation for responding to investigative agencies.

If you are facing punishment for gambling in a situation such as the above, please feel free at any time to request assistance through Daeryun LLC's 🔗legal consultation booking.

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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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