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Simpyeong Law Firm · Applicable laws

Opening a gambling place: shops and online sites alike

Elements of the crime of opening a gambling place or space under Article 247, its application to online sites, penalties, and accomplice liability.

Written by Yu Ji-yeon, Managing Partner (former prosecutor)
Key points
  1. Article 247 punishes anyone who opens a place or space for gambling for profit with up to 5 years' imprisonment or a KRW 30 million fine.
  2. Since a 2013 amendment added 'space', opening and running online gambling sites is punished under this article.
  3. Not only shop owners and site operators but distributors who shared profits and staff with defined roles can be charged as accomplices.

Applicable laws and penalties

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. 246(1)
Gambling (except temporary amusement)
Fine up to KRW 10 million
Criminal Act Art. 32
Accessories receive a mitigated penalty
Mandatory mitigation

In detail

For profit

The aim of gaining fees or entry charges in return for letting people gamble. Actual profit is not required.

Place and space

A physical shop like an adult PC room is a place; an online site or messenger-based gambling room is a space. It applies even with an overseas server if members were recruited and the site run from Korea.

Who is an accomplice

Distributors sharing revenue, staff handling top-ups and cash-outs, and people managing accounts may be charged as co-principals or accessories. Roles and profit-sharing are key.

Relation to the Game Industry Promotion Act

In adult PC room cases both are often charged together. More provisions mean a wider sentencing range.

Frequently asked questions

I only built the site and did not run it.

The crime is generally seen as complete when the site is opened, whether or not it was run. For a developer who was only commissioned, whether they knew its purpose is key, so records of the commission matter. Prepare them with a lawyer before questioning.

How is this different from gambling?

Gambling punishes those who gamble; this crime punishes those who create a place to profit from others' gambling, and it carries a prison term. Your response depends on which crime you are booked for, so we start by checking your summons.

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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