Criminal defense for adult PC room and online gambling cases in Korea
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What decides the outcome in adult PC room and gambling cases

The factors that separate suspension of indictment, summary fines, suspended sentences and prison terms, and what mitigation materials to prepare.

Written by Yu Ji-yeon, Managing Partner (former prosecutor)
Key points
  1. Outcomes include suspension of indictment, a summary fine, or at trial a fine, suspended sentence or prison term.
  2. Role and involvement, operating period, profit scale, prior similar offenses and organization are the main factors.
  3. Stopping the business, efforts to return profits, cooperation and a plan to prevent reoffending can be submitted.

Applicable laws and penalties

Game Industry Promotion Act Art. 44(1)
Providing unrated game content, exchanging game results for cash or brokering such exchange, or letting gambling take place
Up to 5 years' imprisonment or a fine up to KRW 50 million
Criminal Act Art. 247
Opening a place or space for gambling (including online sites) for profit
Up to 5 years' imprisonment or a fine up to KRW 30 million
Criminal Act Art. 32
Accessories receive a mitigated penalty
Mandatory mitigation

In detail

Types of disposition

Players or staff with low involvement may end with a suspension of indictment or summary fine. Owners and distributors often go to formal trial.

Aggravating factors

Long operation, large profits, managing several shops, organized roles, prior similar offenses and attempts to destroy evidence.

Mitigating factors

First offense, short involvement, small actual profit, an accessory role, voluntarily stopping, and cooperation.

Documents to prepare

Proof of closing the business, profit calculations, family and work records, a plan to prevent reoffending, and petitions.

Frequently asked questions

Does a fine leave a criminal record?

A fine is a criminal penalty and stays on your criminal record. A suspension of indictment is not a criminal penalty, so aim for it before indictment where possible. For foreign nationals, the outcome can also affect your stay in Korea.

Can I get a heavier sentence than an accomplice?

Sentences differ by role, profit and prior record, and accomplices' statements often exaggerate someone's role. A lawyer must organize your facts separately to protect your position.

The same role can lead to different charges and outcomes depending on the facts. For your specific case, speak with a lawyer.

Related guides

By role
Applicable laws
By stage
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