Modus Operandi and Judge’s Consideration in Examining Online Gambling Offenses (Study of Court Decisions)

Abstract

Gambling is a prohibited act under the law as it involves wagering based on chance, whether conducted conventionally or through information technology. Technological developments have transformed gambling practices from traditional forms into more complex online systems that are increasingly difficult to control. This study aims to analyze the modus operandi of gambling crimes and the legal reasoning of judges in adjudicating such cases based on three court decision. The three cases examined reveal a relatively similar pattern, in which the defendants acted as intermediaries or agents who collected number bets from the public, either directly or through electronic media, and subsequently forwarded them to bookmakers or input them into online gambling platforms, while gaining profits from commissions or payment differentials. This research employs a normative legal method with statutory and case approaches, conducted through the analysis of court decisions as primary legal materials. the analysis of court decisions as primary legal materials. The results indicate that the modus operandi of gambling has evolved from conventional systems to digitally-based mechanisms, while maintaining its fundamental characteristics as a structured and continuous activity. The judges’ considerations in these decisions focus on the fulfillment of the elements of gambling offenses under positive law, without fundamentally distinguishing between conventional and online gambling, and emphasizing the active role of the defendants in facilitating gambling activities. It is suggested that law enforcement should not only target intermediary actors but also extend to the main operators behind gambling networks. Additionally, there is a need to strengthen regulations and supervision of technology-based gambling practices.