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Illegal Gambling Charge | Suspension of Indictment for the Crime of Gambling Obtained with the Assistance of a Criminal Law Specialist Attorney

This is a case in which a client who was investigated on a charge of illegal gambling was able to receive a suspension of indictment through the prompt assistance and legal response of a criminal law specialist attorney, together with an attitude of active remorse.

1. Circumstances of the Illegal Gambling Case

illegal gambling online gambling site operation sports toto site gambling fund tracing violation of the Electronic Financial Transactions Act level of criminal punishment

The 18-year-old client who entrusted the case on a charge of illegal gambling began playing baccarat on an online gambling site at the urging of friends.

Although it began with small amounts, the sums gradually grew, and the client ended up spending approximately 13 million won on gambling.

The funds used for gambling were allowance received from the client's parents and additional money provided to the client.

After learning of her son's online gambling, the client's mother made a voluntary report to the Korea Center on Gambling Problems (1336).

The client made efforts to recover from gambling addiction through counseling and took measures to prevent recurrence, including changing his mobile phone.

However, making a voluntary report did not mean that criminal punishment could be avoided.

Illegal gambling constitutes a crime under the Criminal Act, and even a juvenile may be subject to criminal punishment, so the family felt great anxiety over the possibility of detention or a criminal record.

Accordingly, ahead of the police investigation, they decided to respond to the case with the assistance of a criminal law specialist attorney.

2. Definition of Illegal Gambling and Provisions on Punishment

Illegal gambling refers to the act of acquiring or losing property gains by chance after staking money or property.

Article 246 of the Criminal Act, simple gambling is punishable by a fine not exceeding 10 million won, and habitual gambling may be punishable by imprisonment for not more than 3 years or a fine not exceeding 20 million won.

CategoryStatuteContent of Punishment
GamblingArticle 246(1) of the Criminal ActA fine not exceeding 10 million won
Habitual gamblingArticle 246(2) of the Criminal ActImprisonment for not more than 3 years or a fine not exceeding 20 million won

Acts That Constitute the Crime of Gambling

Representative examples include baccarat, poker, and slot machines played through online gambling sites, and illegal sports toto or gambling at private gambling dens is also included.

However, the proviso to Article 246(1) of the Criminal Act provides that an act amounting to 'momentary amusement' is an exception.

The Difference Between Momentary Amusement and Gambling

Momentary amusement refers to a case of a small-stakes wager for the purpose of fellowship, where the conduct is one-off and strongly recreational in character.

For example, a light game played among friends with a meal at stake, or a small-stakes game of hwatu, may fall under this category.

By contrast, gambling refers to a case in which money is repeatedly staked to compete over winning and losing, or the amount is substantial such that a speculative character is recognized.

3. Punishment of Juveniles for Illegal Gambling

The provisions on the punishment of juveniles for illegal gambling apply differently depending on age, but being a minor does not mean that one can escape legal responsibility.

Article 4 of the Juvenile Act applies differently by distinguishing between juveniles subject to protective measures and juvenile offenders on the basis of age.

Ages 10 and Older but Under 14 (Juveniles Subject to Protective Measures)

Article 4(1)2 of the Juvenile Act, such persons are minors below the age of criminal responsibility and are not subject to criminal punishment.

Article 9 of the Criminal Act, they are referred to the juvenile court and receive a protective disposition under Article 32 of the Juvenile Act.

A protective disposition includes not only probation and a community service order but also commitment to a juvenile reformatory, so it is by no means a light measure.

Ages 14 and Older but Under 19 (Juvenile Offenders)

Article 4(1)1 of the Juvenile Actapplies to juvenile offenders, for whom a protective disposition is applied first as a matter of principle.

However, only where a referral to the prosecution has been made in light of the gravity of the matter, the circumstances of the offense, and other factors, the Criminal Act applies, and criminal punishment may be imposed.

4. Matters of Attorney Assistance in the Illegal Gambling Case

In the illegal gambling case, the attorney protected the client's rights and interests throughout the entire process, from the initial response to the conclusion of the investigation, and systematically prepared circumstantial materials that could affect the outcome of the disposition.

Establishing the Initial Response Strategy

The attorney decided to emphasize that the client was a juvenile first-time offender who deeply repented of the offense, voluntarily received counseling, and even changed his mobile phone.

In addition, the attorney confirmed through evaluations by the client's schoolteachers that the client was a student who had ordinarily lived diligently, and decided to use the educational commitment of the parents, who work in the field of education, as grounds for considering mitigating circumstances.

Submission of an Opinion Statement and Materials

The attorney prepared an opinion statement to the effect that the client had encountered the gambling site out of momentary curiosity at the urging of friends, but deeply regretted the offense and was determined not to reoffend.

The principal materials submitted to the investigative agency were a confirmation of the 1336 counseling history, documentation evidencing the mobile phone replacement, evaluation statements from the client's schoolteachers, and documentation evidencing the parents' work in the field of education.

Through this, the client's sincere remorse and efforts to prevent reoffending were objectively established.

Accompaniment and Assistance During the Police Investigation

The attorney accompanied the client to the police investigation and assisted so that the client would not make any statements detrimental to his position during the investigation.

Through ample preparation before the investigation, anticipated questions and answers were organized, and even in the interrogation room, the attorney presented opinions to protect the client's rights.

5. Result of the Illegal Gambling Case

The client, who had been under investigation on a charge of illegal gambling, received a suspension of indictment thanks to the attorney's active advocacy.

A suspension of indictment means that, although the charge is recognized, the case is concluded at the prosecution stage without indictment in consideration of the suspect's age and environment, as well as the motive, means, and result of the offense.

Through this case, the client was able to return to ordinary life without receiving criminal punishment and gained an opportunity to walk the right path together with his parents.

6. Methods of Initial Response in an Illegal Gambling Case

When a person comes to be investigated on a charge of illegal gambling, the outcome of the case can vary greatly depending on the method of initial response.

Prompt legal consultation and the establishment of a response strategy are most important, and particularly in juvenile cases, the initial response has a decisive influence on the disposition decision.

The Importance of Legal Consultation

When a person comes to be investigated on a charge of illegal gambling, it is important first of all to consult with a criminal law specialist attorney.

If the initial response is delayed, statements detrimental to one's position may be recorded in the protocol, and these are difficult to retract in the later advocacy process.

In juvenile cases, whether the person is a first-time offender and the attitude of remorse have an important influence on the disposition decision, so it is necessary to obtain the assistance of a legal expert as soon as the matter arises.

Use of Voluntary Reporting and Counseling Programs

In this case, the parents' voluntary report and the 1336 counseling history had a positive influence on the disposition decision.

a willingness to recognize and resolve a gambling problem on one's own, and this is considered by the investigative agency as grounds for mitigating circumstances.

Therefore, when a charge of illegal gambling arises, it is helpful in resolving the case to make active use of the counseling program of the Korea Center on Gambling Problems (1336) and to prepare supporting documentation such as a confirmation of the counseling history.

The Need to Retain a Criminal Law Specialist Attorney

In an illegal gambling case, retaining an attorney is central to resolving the case.

The attorney closely ascertains the circumstances of the case and gathers grounds for mitigating circumstances regarding the client to submit them to the investigative agency.

The attorney also accompanies the client to the police and prosecution investigations to protect the client's rights and prevent statements detrimental to the client's position.

In particular, in juvenile cases, advocacy reflecting the purpose of the Juvenile Act, which prioritizes education and guidance over punishment, is required, so the assistance of an attorney with abundant relevant experience has a significant influence on the outcome of the case.

7. Law Firm Daeryun for the Resolution of Illegal Gambling Cases

As with the client in this case, a charge of illegal gambling may result in a suspension of indictment through a prompt response and systematic advocacy.

However, the legal procedures are complex, and there is a risk that statements detrimental to one's position may be recorded during the investigation, so it is difficult to respond alone without the help of an expert.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), Law Firm Daeryun, draws on experience accumulated over many years in illegal gambling cases to establish and implement a strategy suited to the client's situation, from the initial consultation through the conclusion of the investigation.

In particular, in juvenile cases, attorneys with a deep understanding of the Juvenile Act handle cases directly and closely review the client's home environment, ordinary conduct, attitude of remorse, and other factors to present them as grounds for mitigating circumstances.

If you are experiencing difficulty due to a charge of illegal gambling, we encourage you to seek assistance from Law Firm Daeryun through a 🔗criminal law specialist attorney legal consultation booking.

불법도박 혐의 | 형사전문변호사 조력으로 도박죄 기소유예 처분

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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