Criminal defense for adult PC room and online gambling cases in Korea
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Players at adult PC rooms and gambling sites: when is it a crime?

How gambling and habitual gambling under the Criminal Act differ from National Sports Promotion Act violations for players, and the likely penalties.

Written by Yu Ji-yeon, Managing Partner (former prosecutor)
Key points
  1. Players who bet money at an adult PC room or gambling site face a fine of up to KRW 10 million under Article 246 of the Criminal Act. There is no prison term.
  2. If habitual gambling is found, the penalty is up to 3 years' imprisonment or a KRW 20 million fine.
  3. Betting on an illegal sports betting site may fall under Article 48(3) of the National Sports Promotion Act (up to 5 years or KRW 50 million), which is heavier than ordinary gambling.

Applicable laws and penalties

Criminal Act Art. 246(1)
Gambling (except temporary amusement)
Fine up to KRW 10 million
Criminal Act Art. 246(2)
Habitual gambling
Up to 3 years' imprisonment or a fine up to KRW 20 million
National Sports Promotion Act Art. 48(3)
Betting on an illegal sports betting site
Up to 5 years' imprisonment or a fine up to KRW 50 million

Key issues

Temporary amusement

The Criminal Act does not punish gambling that is merely temporary amusement. Amounts, frequency, circumstances and income are considered together.

Habitual gambling

Long periods, many sessions, large top-ups or prior gambling convictions can lead to habitual gambling charges.

Sports betting

On the same site, betting on sports results brings in the National Sports Promotion Act and a heavier penalty.

Top-up account records

When the operators' top-up accounts are secured, the list of depositors can lead to many players being booked at once.

What to do, step by step

  1. When contactedFirst check whether you are summoned as a suspect or a witness.
  2. Organize your usageList the period, amounts topped up and cashed out, and the games. Check whether sports betting was included.
  3. QuestioningDo not guess or admit amounts you do not remember.
  4. Disposition opinionFor first offenders with small amounts, you may seek a suspension of indictment or a summary fine.

Frequently asked questions

Can playing once or twice be a crime?

Temporary amusement is not punished, but it is judged by the amounts and circumstances. How you explain your usage affects whether it ends without charges. Organize the period and amounts with a lawyer before questioning.

I used an overseas sports betting site.

The Supreme Court held that betting from Korea on an overseas sports betting site can be punished under Article 48(3) of the National Sports Promotion Act (2022Do6462). This is heavier than ordinary gambling, so do not take it lightly. If you were contacted, consult right away.

I only lost money. Can I still be punished?

Gambling is punished regardless of gains or losses. But explaining the amount, frequency and circumstances well can lower the disposition. We prepare disposition opinions and attend questioning with you.

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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