Crime of Gambling | Criminal Attorney Assists Client Who Engaged in Online Gambling to Turn Himself In, Concluding with Suspension of Indictment

This is the account of a client who wished to receive a criminal law attorney's assistance to turn himself in for the crime of gambling.

The client participated in illegal online gambling out of a momentary curiosity, and in the process, the records of his fund deposits and withdrawals were recorded abnormally.

As a result, the bank suspected that the account had been used in a voice phishing crime and suspended transactions.

Realizing that his conduct had damaged social trust and could be regarded as a crime, the client sought the assistance of a criminal law attorney in order to turn himself in to the investigative authorities of his own accord.

Through this assistance from the criminal law attorney, the investigative authorities judged that, although the client's conduct left room for social censure, his sincere reflection and his will to prevent reoffending were clear.

Accordingly, the client received a suspension of indictment from the prosecution.

A suspension of indictment is a system under which the prosecutor, even when the suspicion of a crime is recognized, takes various circumstances into account and concludes the case without referring the suspect to trial.

That is, even where guilt is recognized, the case does not proceed to a criminal trial, and in that no criminal record remains, it provides the suspect with a genuine opportunity for recovery.

In this case as well, the client received a suspension of indictment because the grounds of sincere reflection, voluntary surrender, and negligible social harm were comprehensively recognized, and the suspicion of involvement in voice phishing was also resolved, normalizing his financial transactions.

Under Article 246 of the Criminal Act, the crime of gambling refers to “the act of acquiring money or goods according to the chance outcome of a wager involving a property interest.”

The elements of the offense require (1) an element of chance, (2) a wager aimed at a property interest, and (3) repetition or a profit-seeking nature of the conduct.

The statutory penalty for simple gambling is a fine not exceeding 10 million won, and in the case of habitual gambling, imprisonment for not more than three years or a fine not exceeding 20 million won may be imposed under Article 246, Paragraph 2 of the Criminal Act.

However, for minor matters such as momentary curiosity or participation involving small amounts, a suspension of indictment or leniency may be possible depending on the degree of voluntary surrender and reflection.

Because punishment is unavoidable once the offense in a gambling case is proven, the direction of the initial response is very important.

· Sincerity of the voluntary surrender

The key is to acknowledge the offense of one's own accord before being notified by the investigative authorities. Under Article 52 of the Criminal Act, voluntary surrender is recognized as a ground on which “the punishment may be mitigated or remitted.”

The number of times, the timing, and the amounts of the gambling should be clearly stated, and false statements should be avoided.

· Will to reflect

It is advisable to objectively demonstrate the will to prevent reoffending through a letter of reflection, a petition from family members, and certificates of completion of counseling or treatment.

· Transparency of the flow of funds

The source and use of the gambling funds should be disclosed transparently to forestall suspicions of money laundering or accomplices.