- Adult PC room distributors often recruit shops, supply game software and settle profits, so they tend to be charged as co-principals in running the shops.
- Online gambling site distributors recruit members and take a share of bets or losses, so they are treated as accomplices in opening a gambling place or violating the National Sports Promotion Act.
- Where roles were divided in an organized way, the criminal group offense may be considered, which can greatly increase the sentence.
Applicable laws and penalties
Criminal Act Art. 247Game Industry Promotion Act Art. 44(1)National Sports Promotion Act Art. 47Criminal Act Art. 114Criminal Proceeds Concealment Act Art. 3Key issues
Co-principal or accessory?
Receiving a continuing share of shop or member revenue points toward co-principal liability. Arguing accessory status requires detailed evidence of the profit structure and your role in decisions.
Scope of what you managed
Investigators identify the number of shops, members and sub-distributors from bank and messenger records. Check whether shops or members you did not manage were included.
Confiscation basis
Where several people profited together, confiscation is based on what each actually received. If the whole site's revenue or money passed upstream was counted as yours, it should be contested.
Criminal group charge
A criminal group requires a continuing organization with a minimum chain of command. Whether it was merely a business relationship is the issue.
What to do, step by step
- When you hear an accomplice was arrestedInvestigations often reach distributors through messenger and bank records. Deleting data is seen as destroying evidence and hurts you in detention decisions.
- Organize recordsCalculate your actual gain from commission deposits, settlement sheets and lists of shops or members you managed.
- Prepare for questioningDecide with your lawyer how to describe your position and role in the organization.
- Warrant stageIf detention is requested, prepare evidence of stable residence and work and that you are not a flight risk.
Frequently asked questions
I only advertised. Can I be punished as a distributor?
If you received commissions based on members you brought in, you may be treated as an accomplice in running the site, not just an advertiser. But documenting a limited role and profit structure may narrow the charge. How you describe your role decides the penalty, so consult before questioning.
How much will be confiscated?
The standard is the commission and profit you actually received, but investigators' figures are often inflated. Challenging the basis with deposit records and settlement data can change the amount. We start with analysis of your account records.
I heard it is fine because the server is abroad.
Even with an overseas server, recruiting members and receiving profits in Korea is punishable under Korean law. These cases are often booked later through account tracing, so it is better to prepare before you are contacted.
The same role can lead to different charges and outcomes depending on the facts. For your specific case, speak with a lawyer.