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

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.

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.

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.

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.

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.