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Simpyeong Law Firm · Applicable laws

Confiscation in gambling cases: how is the amount calculated?

Legal bases for confiscation, the standard among accomplices, pre-indictment preservation orders, and the Criminal Proceeds Concealment Act.

Written by Yu Ji-yeon, Managing Partner (former prosecutor)
Key points
  1. Game Industry Promotion Act Art. 44(2), National Sports Promotion Act Art. 51 and Criminal Act Art. 48 are the main bases for confiscation.
  2. Where several people profited together, confiscation is based on what each actually received.
  3. Hiding profits in borrowed-name accounts or crypto adds a Criminal Proceeds Concealment Act violation, and assets may be frozen before indictment.

Applicable laws and penalties

Game Industry Promotion Act Art. 44(2)
Confiscation of the game content and criminal proceeds, or collection of their equivalent value
Confiscation / collection
Criminal Proceeds Concealment Act Art. 3
Disguising or concealing criminal proceeds
Up to 5 years' imprisonment or a fine up to KRW 30 million

In detail

What is confiscated

Proceeds of the crime and property derived from them. If they cannot be confiscated, their value is collected.

Among accomplices

Investigators sometimes attribute a whole business's revenue to one person. Actual shares must be proven with deposits and settlement data.

Preservation orders

Courts can freeze a suspect's property before judgment to secure confiscation, which immediately affects life and business.

Concealment

Gambling offenses are predicate crimes under the concealment law. Disguising or hiding proceeds is separately punishable by up to 5 years or KRW 30 million.

Frequently asked questions

What if I cannot pay the confiscation amount?

There is no workhouse detention for confiscation; prosecutors enforce against your assets, including assets acquired later within the limitation period. Reducing the amount before judgment matters most, so contest the basis from the investigation stage.

Can expenses be deducted?

Whether business expenses are deducted depends on the law applied and the facts. How you document expenses can change the amount, so bring your records to a consultation.

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

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