Gambling cases turn first on which law applies

Gambling Crimes Matters We Handle

1. Using Online Gambling Sites — Responding to assessments of usage period, betting scale and habitual gamblingDepending on the type of gambling, even a mere user may commit gambling under the Criminal Act, which carries only a fine, or a violation of the National Sports Promotion Act (gambling, etc.), which carries imprisonment. The period of use, total deposits and actual gains and losses, and any prior gambling record are used to assess whether the gambling was habitual.Confirming the type of site (casino-type or sports-type) · Organizing bank deposit and withdrawal records and actual gains and losses · Review of factors for habitual gambling · Review of the likely disposition for first-time and small-amount cases · Preparing for suspect questioning and defining the scope of statements
2. Opening a Gambling Space and Running Sites — Analysis of the scope of involvement in operations and the revenue structureThe applicable provisions and the scope of accomplice liability vary with the role played, such as opening and operating a site, recruiting members, acting as a distributor, or managing servers and payments. The revenue-sharing structure and the actual period of involvement need to be confirmed with evidence.Analysis of the operating structure and one's own role · Review of accomplice and distributor relationships · Review of server and forensic data · Review of revenue flow and calculation of criminal proceeds · Responding on the scope of confiscation and collection of equivalent value
3. Money Exchange, Lending Bank Accounts and Promotion — Review of how funds were passed on and what the person knewExchanging money, topping up game money, lending bank accounts and promoting sites may make a person an accomplice in the operation, or may be treated as a separate crime of promotion or brokering, or as aiding and abetting. The main issues are whether the person knew it was a gambling site and whether he or she was paid.Analysis of exchange and top-up records · Review of how the account was used and what the person knew · Distinguishing co-operation from aiding and abetting · Review of whether the conduct counts as promotion or brokering · Preparing sentencing materials
4. Gambling Abroad — Using foreign casinos can be punished in KoreaEven gambling at a foreign casino where gambling is legal can be punished if the person is a Korean national. Depending on the amount wagered and how the money was taken out of Korea, violations of the Foreign Exchange Transactions Act and other laws may also arise.Confirming the place, period and amount wagered · Review of whether it counts as habitual gambling · Review of how the funds were taken abroad · Review of whether related laws were also violated

1. Types of Gambling Crimes and Applicable Laws

Gambling is staking money or property interests and competing for gain or loss based on a chance outcome. Gambling crimes that arise in practice fall broadly into two groups.

• Gambling crimes under the Criminal Act: Casino-type games such as baccarat, hold'em and slots, hwatu (Korean flower cards) and card gambling, and offline gambling houses. These include gambling (Article 246(1)), habitual gambling (Article 246(2)), opening a gambling place, etc. (Article 247), and issuing lottery tickets not authorized by law (Article 248).
• Crimes under the National Sports Promotion Act: So-called illegal sports betting, in which money is paid for correctly predicting the results of sports matches. The Act prohibits anyone other than the Seoul Olympic Sports Promotion Foundation and its contracted operator from issuing anything similar to sports promotion betting tickets (similar acts) (Article 26(1)), and separately prohibits creating or providing the systems for it, providing match information, and promoting, intermediating or brokering it (Article 26(2)).

For users, this distinction is decisive. Gambling on a casino-type site is gambling under the Criminal Act, for which only a fine is prescribed, but using a site that takes bets on sports matches is a crime that can carry imprisonment under Article 48(3) of the National Sports Promotion Act. If both were used on the same site, each must be assessed separately.

Gambling that is merely temporary amusement is not punished (proviso to Article 246(1) of the Criminal Act). However, there is no fixed monetary threshold; the decision is made by considering together the time and place of the gambling, the amount staked, the participants' social status and wealth, and how the gambling came about. So a small amount alone is no reason to feel safe.

2. Penalties

For operators punished under Article 47(2) of the National Sports Promotion Act, devices and equipment owned or possessed for similar acts and property obtained through similar acts are confiscated, and if they cannot be confiscated or a property interest was obtained, their value is collected (Article 51(1) and (3)). In operator cases, the amount collected is as heavy a burden as the sentence, so disputing the scope of actual proceeds is important.

3. Investigation and Trial Procedures

1. Start of investigation: Investigations of users often begin with member lists and deposit account records obtained after operators are arrested, financial institution records, or tips from acquaintances. In operator cases, server seizures, mobile phone forensics and account tracing proceed together.
2. Questioning by judicial police officers: When summoned, the suspect is questioned about the sites used, the period, the deposit accounts, and total deposits and withdrawals. The suspect may refuse to make statements and may request that counsel be present (Articles 243-2 and 244-3 of the Criminal Procedure Act).
3. Referral or non-referral: If the judicial police officer finds criminal suspicion, the case is referred to the prosecutor; otherwise, the officer sends the prosecutor a written statement of reasons and the case file (Article 245-5 of the Criminal Procedure Act).
4. The prosecutor's decision: The prosecutor reviews the file and decides whether to file charges. Cases against mere users often end with a suspension of indictment or a request for a summary order, but depending on the amount, period and prior record, they may go to a formal trial.
5. Trial: In operator and habitual gambling cases, the degree of involvement, proceeds and the amount to be collected are contested at a formal trial.

4. Practical Issues and How to Respond

• Deposits versus actual stakes: Investigative agencies often treat the total amount deposited into accounts as the amount wagered. Where the same money was won, lost and deposited repeatedly, organizing withdrawals and net losses together allows the actual scale to be explained more accurately.
• Habitual gambling: The Supreme Court treats prior gambling convictions and frequency as important evidence, but holds that habitual gambling may be found even without prior convictions by looking at the nature and method of gambling, the amount wagered and the manner of participation. The period and frequency of use should be organized truthfully, while making sure no exaggerated statements are left on the record.
• Distinguishing sports-type from casino-type: Even within the same site, separating sports betting from casino game records can change the applicable provisions.
• Lending accounts and exchange: Lending an account without knowing it would be used for a gambling site is assessed very differently from handling exchanges and top-ups for payment. How the account was handed over, what was received in return, and the content of conversations must be checked.
• Scope of involvement in operations: Distributors, customer service agents and exchange staff are sometimes charged as co-principals in the operation. The period of involvement, salary or commissions received, and whether the person took part in operational decisions determine the sentence and the amount collected.
• Sentencing materials: Completion of gambling addiction treatment or counseling, leaving the sites and efforts to prevent relapse, family support and financial circumstances are used as mitigating materials.

Key Court Decisions

Supreme Court Decision 2022Do6462, decided November 30, 2022

The Court held that accessing an overseas sports gambling site from Korea and placing bets is gambling using similar acts under Article 26(1) of the National Sports Promotion Act and can be punished under Article 48(3), even if the site was operated abroad by foreigners.

Supreme Court en banc Decision 2018Do7172, decided October 30, 2018

The Court held that contracting with an overseas betting site to open a relay site and handling game money top-ups and exchanges is not mere intermediation or brokering but providing a betting ticket issuing system for public use (Article 26(2)1).

Supreme Court Decision 2017Do953, decided April 13, 2017

The Court held that while prior gambling convictions and frequency are important evidence of habitual gambling, it may be found even without prior convictions based on the nature and method of gambling, the amount wagered and the manner of participation, and that the mere fact that the gambling took place at a foreign casino where gambling is not punished does not remove its unlawfulness.

Frequently Asked Questions

Criminal Defense Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026