Held a fishing competition with regulars and was accused of ‘speculative business’… What is the court ruling?

Prosecutors' role was to provide certificates with the weight and rank of the fish...decided by chance.
The court said, “Seeing it as a proof is an extended interpretation… Efforts such as fishing skills also affect the results.”

A fishing spot owner who was put on trial on charges of holding a speculative fishing tournament without a permit was found not guilty.

According to the legal community on the 26th, the Suwon District Court acquitted Mr. A, a man in his 50s, who was indicted on charges of violating the Special Act on Regulation and Punishment of Speculative Activities on the 10th of last month.

Mr. A was accused of holding a speculative fishing competition at the fishing spot he operated for two years starting in 2021. According to Article 30 of the Special Act on Regulation and Punishment of Speculative Activities, a person who engages in gambling activities without permission from the authorities may be punished by imprisonment for up to 3 years or by a fine of up to 20 million won.

In the competition, rankings were determined based on the total weight of the fish caught by guests, and prizes such as free fishing tickets were awarded according to ranking.

The prosecution judged that such a contest constituted a ‘giveaway business’ under the Special Act on Regulation and Punishment of Speculative Activities. A sweepstakes business refers to a business practice that provides participants with a certificate with a rank written on it and awards prize money according to the rank written on the certificate. The prosecution believed that the weight of the fish served as a certificate.

Mr. A denied the charges. The weight of the fish is only a simple evaluation standard and has no legal properties as a 'certificate'. He also emphasized that the competition was conducted independently among regular customers, and that he did not receive any money other than the entrance fee to the fishing spot, so it was not for profit.

The court found Mr. A not guilty.

The court said, “Speculative activity as defined in the Speculative Activities Control Act is an act of collecting wealth or property interests from several people and determining the gain or loss in a coincidental way to cause property profit or loss,” and added, “The act indicted does not fall under any of the gambling business, and interpreting the weight of the fish as a token is an extended interpretation that is unfavorable to the defendant.”

He added, “As long as the weight of the fish caught by fishing during a relatively long competition time is added up for each guest, the fishing skills, abilities, and efforts of the guests can also have a significant impact on the results.” He added, “It is difficult to view this as a business using a method that may cause a sense of speculation because it is different from a sweepstakes business where the winner is won in a simple and immediate way by chance.”

Attorney Kim Young-min of Daeryun Law Firm, who represented Mr. A, explained, "The weight of the fish is only a criterion for determining whether or not to win a prize based on the numerical value, so it does not function as proof or evidence to prove winning. In addition, we were able to obtain a not guilty verdict from the court by emphasizing that no device was used to artificially manipulate the outcome of the winning scale."

Reporter Seohyun Lee (sunshine@kyeonggi.com)

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Suspicion of 'speculative business' that held a fishing contest with regulars... What is the court ruling? (Shortcut)