Criminal defense for adult PC room and online gambling cases in Korea
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Arrest warrant in a gambling case: preparing for the detention hearing

When detention is requested for owners, distributors and site operators, how to prepare for the hearing, and review of detention and bail.

Written by Yu Ji-yeon, Managing Partner (former prosecutor)
Key points
  1. Detention requires probable cause plus no fixed residence, risk of destroying evidence, or risk of flight (Criminal Procedure Act Art. 70).
  2. In gambling cases, profit scale, organization, overseas links and fleeing accomplices affect the decision.
  3. At the hearing, residence, family, work, cooperation and low risk of destroying evidence are shown with documents.

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. 114
Organizing, joining or acting in a criminal group aimed at crimes punishable by 4+ years
Penalty of the intended crime (may be reduced)
National Sports Promotion Act Art. 47
Running an unauthorized sports betting site
Up to 7 years' imprisonment or a fine up to KRW 70 million

In detail

When detention is sought

Organized operation, large profits, fleeing accomplices, deleted messages and stays abroad raise the chance of detention.

Preparing for the hearing

Prepare documents on residence, family, work, assets and cooperation. The hearing is held shortly after the request, so move quickly.

After detention

You can request a review of the detention or apply for bail after indictment. Once accomplices' investigations end, changed circumstances can be argued.

Frequently asked questions

Can first offenders be detained?

Yes, if there is organized operation, large profits or a risk of destroying evidence. Time before the hearing is very short, so appoint a lawyer immediately. If you were told a warrant was requested, contact us now.

What can family members do?

They can prepare family records, petitions and proof of stable residence, and can appoint a lawyer on your behalf. If a family member was arrested, contact us first.

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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