CONTENTS
- 1. Client Charged with Opening a Gambling Place
- - The Client's Requests in the Opening a Gambling Place Case
- 2. Explanation of the Concept of the Charge of Opening a Gambling Place
- - Penalty Levels for Opening a Gambling Place
- - Sentencing Guidelines for Opening a Gambling Place
- 3. Responding to the Charge of Opening a Gambling Place
- - Emphasizing That the Client Did Not Actively Participate in the Offense
- - Emphasizing That the Client Gained No Profit from the Offense
- - Emphasizing That the Client's Family Was in Poor Economic Circumstances
- 4. Judgment on the Charge of Opening a Gambling Place
1. Client Charged with Opening a Gambling Place
This is the account of a client who came to our firm, facing the risk of an actual custodial sentence on charges of opening a gambling place.
While looking for a job to make a living, the client came to work part-time at a holdem pub at the request of an acquaintance who operated it.
The acquaintance said that they were opening a proper holdem pub and needed someone to work briefly as a dealer.
The client took it on thinking it was simple part-time work, but the acquaintance instructed the client to do currency exchange work.
Accordingly, the client is said to have handled the currency exchange work of converting the points of the holdem pub's customers into money.
After working for about 6 months, the client realized that the work was illegal and quit on their own.
Thereafter, while making a living working as a daily laborer at a construction site, the client came to be subjected to a police investigation on the charge of opening a gambling place in this case, and through the investigative agency's investigation, came to face the risk of an actual custodial sentence.
The Client's Requests in the Opening a Gambling Place Case
The client, who was charged with opening a gambling place, protested their innocence, saying that they had proceeded with the work without knowing it was illegal and quit immediately upon realizing it was illegal.
The client earnestly requested that an actual custodial sentence at least be prevented, saying that if they could not work, the family's livelihood would be at risk.
2. Explanation of the Concept of the Charge of Opening a Gambling Place
The charge of opening a gambling place refers to the crime of opening a place for gambling and the like prescribed in Article 247 of the Criminal Act.
Here, 🔗gambling refers to a criminal act of competing over a win or superiority by staking property or property gains.
The crime of opening a gambling place is established when a person opens gambling for the purpose of profit.
The crime of opening a gambling place under Article 247 of the Criminal Act is established when a person, for the purpose of profit, becomes the presiding party and opens a gambling place under his control, and it is a separate and independent crime from the crime of gambling.
Here, ‘gambling’ means that the participating parties stake property and compete over the gain or loss of property by an uncertain outcome, and ‘the purpose of profit’ means the intent to obtain an unlawful property gain in return for opening the gambling place.
According to the above precedent, if a person opens a place for gambling and pursues a profit-making purpose, the charge is established.
The crime of opening a gambling place carries a high level of punishment in that it involves organized involvement and a profit-making purpose.
Penalty Levels for Opening a Gambling Place
If the charge of opening a gambling place is established, the offense is punishable under the Criminal Act by imprisonment for up to 5 years or a fine of up to 30 million won.
If a sentence of imprisonment is imposed, a fine of up to 10 million won may be imposed concurrently.
Criminal Act Article 249 (Concurrent Imposition of Fines) For the offenses under Article 246 (2), Article 247, and Article 248 (1), a fine of up to 10 million won may be imposed concurrently.
Sentencing Guidelines for Opening a Gambling Place
The Sentencing Commission has established the following sentencing guidelines for charges such as opening a gambling place.
Mitigated | Basic | Aggravated |
4 months to 10 months | 8 months to 1 year 6 months | 1 year to 4 years |
In addition, where the offender merely participated in the crime, where there are circumstances particularly worthy of consideration regarding such participation, or where the actual gain is minor, these are regarded as mitigating factors, so if you are under investigation it may be advantageous to seek leniency by raising mitigating factors with the assistance of a specialized attorney.
3. Responding to the Charge of Opening a Gambling Place
The specialist attorney identified the aggravating factors in the client's charge of opening a gambling place and responded as follows.
Emphasizing That the Client Did Not Actively Participate in the Offense
The attorney emphasized that the client had not actively participated in the act of opening a gambling place.
The client had merely worked at the Hold'em pub where he was employed in order to earn living expenses, believing it was not illegal.
The client merely thought it was work exchanging game points for money, and had so little intent to commit the offense that he did not even know specifically how much one point was being exchanged for.
Emphasizing That the Client Gained No Profit from the Offense
The attorney emphasized that the client had obtained no profit from the offense in this case.
The client had merely received wages at the minimum hourly wage for the hours worked, and had never agreed to receive or been allocated any portion of the proceeds earned at the gambling place in this case.
On these grounds, the attorney argued that the client had merely received wages, had earned no proceeds from opening the gambling place, and had a small degree of involvement in opening the gambling place.
Emphasizing That the Client's Family Was in Poor Economic Circumstances
The attorney emphasized that the economic situation of the client's family was not good.
The client has two daughters and is divorced from her spouse.
The client engages in economic activity alone for her two daughters' tuition and living expenses.
Accordingly, the attorney emphasized that, if the client were unable to engage in economic activity, great economic hardship would arise for the two daughters, and requested that leniency be granted.
4. Judgment on the Charge of Opening a Gambling Place
As a result of the attorney's response, the client received a suspended sentence on the charge of opening a gambling place.
The client expressed gratitude for being able to escape the risk of an actual custodial sentence and to continue supporting the livelihood of his two daughters.
The charge of opening a gambling place applies not only to the person who operated the establishment but also to those who performed tasks such as currency exchange at that location.
Because the likelihood of an actual custodial sentence is high, it can be advantageous to seek the assistance of an attorney immediately upon being suspected.
Our firm has attorneys with extensive experience in responding to charges of opening a gambling place, who present strategies tailored to the client.
If you need assistance, please consider making a 🔗legal consultation reservation with Daeryun Law Firm.
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.
