You may need a consultation if
- The police asked you to appear over a gambling site you used several years ago
- You were told records of the account you used to top up a private sports betting site have surfaced
- You run a hold'em pub and are accused of exchanging chips for cash or gift certificates
- You worked promoting a gambling site or managing its accounts
- You were caught playing cards for stakes with acquaintances
Relevant Laws
Criminal Act (형법) Article 246 (Gambling and Habitual Gambling)
Gambling is punished by a fine of up to KRW 10 million, but it is not punished if it is no more than temporary amusement. Habitual gambling is punished by up to 3 years' imprisonment or a fine of up to KRW 20 million.
Criminal Act Article 247 (Opening a Gambling Venue, etc.)
Opening a place or space for gambling for profit is punished by up to 5 years' imprisonment or a fine of up to KRW 30 million, and a fine of up to KRW 10 million can be added (Article 249).
National Sports Promotion Act (국민체육진흥법) Article 26(1), Article 47 and Article 48
Issuing, without permission, anything similar to betting tickets that pay out money for correctly predicting sports results is punished by up to 7 years' imprisonment or a fine of up to KRW 70 million, and a person who gambles using them is punished by up to 5 years' imprisonment or a fine of up to KRW 50 million.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Punishment for users depends on the type of game
Using sites for online casinos, baccarat, or ladder and odd-even games falls under the crime of gambling in the Criminal Act, which carries only a fine. In contrast, private sports betting (사설 스포츠토토) on the results of real sports matches falls under the National Sports Promotion Act, which carries imprisonment even for users. If you did both on one site, you need to separate how much you bet on each.
If you used the site over a long period with many bets and large amounts, it may be treated as habitual gambling (상습도박), making imprisonment possible. Investigators match top-up and cash-out accounts with server records, so admitting only part of it based on memory undermines the credibility of your statement.
For operators and staff, their actual role is examined
Even a business where the game itself is not a problem, such as a hold'em pub, can amount to opening a gambling venue if it exchanges chips for cash or gift certificates or connects players with outside money changers. People who served as dealers, did promotion or managed accounts are also investigated as accomplices or accessories depending on their role, and operating profits are subject to confiscation or collection of their value, so how much you actually gained must also be disputed.
Whether it was temporary amusement is also considered
Games among acquaintances for small stakes may be treated as temporary amusement (일시오락) and not punished. The size of the stakes, the participants' financial circumstances, the time and place of the game and what the winnings were used for are considered together.
When someone borrows money or dips into company funds to finance gambling, fraud or embezzlement often becomes an issue as well. We review the whole situation so that responding only to the gambling case doesn't lead to another case.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Long period of use and large amounts (habitual)
- · Used private sports betting
- · Involved in operating, promotion or cash-outs
- · Committed other crimes to fund gambling
- · A previous record for the same offense
Factors that work in your favor
- · Short period of use and small amounts
- · Quit on your own and received treatment or counseling
- · Family has promised to supervise and support you
- · No criminal record
- · No or little operating profit
How Jisan Law's Criminal Law Center Responds
- 1
Consultation with the managing partner
We check the sites used, the type of games, the period and your role to sort out the applicable law.
- 2
Organizing account records
We organize top-up and cash-out records by period and match them against the investigators' materials.
- 3
Mock questioning and sitting in
We practice in advance for questions about how you came to use the site and how often, and go into the questioning with you.
- 4
Submitting a written opinion
We dispute habitual gambling or the scope of involvement, and submit a written opinion with treatment and relapse-prevention materials attached.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I only lost money. Can I still be punished?
The crime of gambling is committed by betting money and taking part, regardless of whether you won or lost. However, if you only topped up and never actually placed bets, you can dispute it, so check the records.
It happened several years ago. Can I still be punished?
The statute of limitations is 5 years for gambling and habitual gambling under the Criminal Act, and 7 years for using private sports betting (Criminal Procedure Act Article 249). It is counted from the last day you used the site, so the period must be organized precisely.
Does it help to get treatment for a gambling problem?
Records of steady treatment or counseling are reflected in the decision and sentence as efforts to prevent relapse. Records of actually attending matter more than a token registration.
Can I get back the money I put into a gambling site?
Money handed over to gamble is often treated as payment for an illegal cause (불법원인급여), making it hard to claim back. If you report that the site refused to cash out, your use of the site may come to light first, so organize the period and amounts of use and then get advice.