Gambling

※ According to Supreme Court precedent, chance is sufficient where the matter cannot be subjectively predicted or controlled, so the crime of gambling may be established even where some degree of skill is involved.

[Supreme Court Decision 2006Do736, rendered October 23, 2008]

If property is placed at stake on a sporting event or game and the gain or loss is determined by its outcome, the crime of gambling may be established depending on the case.

However, not all gambling is unlawful and subject to criminal punishment.

Because lotteries, horse racing, and the like are forms of gambling legally recognized by the government, the crime of gambling is not established, and temporary recreation also does not constitute the crime of gambling.

Both the crime of gambling and a violation of the National Sports Promotion Act are crimes related to gambling, but they differ in the applicable law and the content of punishment.

The crime of gambling is provided for in the Criminal Act, while a violation of the National Sports Promotion Act is, as the name suggests, punished under the National Sports Promotion Act.

In particular, the National Sports Promotion Act strictly regulates speculative gambling acts such as illegal sports betting, so it may be punished more heavily than an ordinary crime of gambling.

Criminal Act Article 248 (Sale of Lottery Tickets, etc.)

Opening a Gambling Place, etc.

The first priority is to clearly ascertain whether one's own conduct constitutes the crime of gambling and the specific facts of the allegation.

In addition, it is important to secure evidence that can prove that the conduct in question was not gambling but amounted to no more than mere temporary recreation.

Examples of Usable Evidence:

In the early stage of a gambling investigation, such as police questioning, the consistency of statements and accurate confirmation of the facts are most important.

Before undergoing questioning, it is necessary to organize on one's own the facts related to the allegation one faces.

During the statement process, it is advantageous not to make forced assertions about matters one remembers uncertainly, and to honestly answer that one does not know what one does not know.

Maintaining a consistent flow of statements from beginning to endalso helps in gaining the trust of the investigative agency.

In addition, care must be taken during the investigation to ensure that one's statements are not distorted or incorrectly recorded in the protocol.

Showing an attitude of genuine remorse for one's own conduct can have a positive influence on the judgment of the investigative agency or the court.

✅ Tips for Writing a Letter of Apology

Acknowledge the facts and express a sincere attitude of remorse.

Rather than simply saying "I am sorry," describe in concrete terms whether one understands why it was wrong and what efforts one will make going forward.

✅ How to Obtain a Petition

One may ask family members, acquaintances, colleagues, and others in a relationship of social trust to write a petition.

The content should include one's usual diligent attitude toward life, the absence of a risk of reoffending, and the fact that one is remorseful.