Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 40)

pirat107 wrote on 27.09.2024 at 06:39: Hi Jason!
I recently went through something similar. For me it was 80 daily sentences according to the penalty order. Per transaction to the casino (i.e. per depositor and thus participation in illegal gambling) a penalty of 5 daily rates is set (at least that was the case with me). However, because there were many more in my case, a more lenient overall sentence was imposed (according to my lawyer, this is usual, as my number of transactions would have landed me above the maximum sentence of 180 daily rates). Now what I am asking myself and what is essential is: What does it say about the transactions? Were the depositors paid directly from your bank account to the casino? Or did the payments from your bank account first go to a third-party Provider? Such as an e-wallet or similar? This is very important because there may be a lack of evidence (which fortunately was the case in my case). I'm also surprised that you're only talking about a fine of daily rates. Normally, all wins would also have to be confiscated, as they come from illegal activities. Is none of this mentioned in the penalty order?
Basically, it is bad if the penalty order has already been issued... you usually have the best chance of a dismissal in the preliminary proceedings... i.e. in the period after receiving the police summons. However, it is still possible...
One more question: has your account been closed by the bank? Have you given the bank answers to any questions? They will probably have suspected money laundering and asked what the transactions were?

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Jasonknz878 wrote on 09/27/2024 10:16 AM:

Accounts were canceled but without questions or anything else. The win must be repaid. So payment was always made to other providers, no casino name where we played etc.

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Jasonknz878 wrote on 09/27/2024 10:16 AM:

Accounts were canceled but without questions or anything else. The win must be repaid. So payment was always made to other providers, no casino name where we played etc.

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Stromberg wrote on 27.09.2024 at 11:35 a.m.: It is well known that you can sometimes receive very different penalties for similar offenses.
In the case of illegal gambling, however, it is relatively clear to define what was done and there are actually relatively few circumstances that, for example, distinguish the offense in its relevance if the transactions are roughly the same.

Shouldn't the case law actually be relatively the same?
If I am as unlucky as in this case and have to pay 3 Montas salaries.... And 1000 other similar cases have been dismissed, doesn't that give you a good chance of taking legal action? That has nothing to do with justice, but rather with arbitrariness.

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Stromberg wrote on 27.09.2024 at 11:35 a.m.: It is well known that you can sometimes receive very different penalties for similar offenses.
In the case of illegal gambling, however, it is relatively clear to define what was done and there are actually relatively few circumstances that, for example, distinguish the offense in its relevance if the transactions are roughly the same.

Shouldn't the case law actually be relatively the same?
If I am as unlucky as in this case and have to pay 3 Montas salaries.... And 1000 other similar cases have been dismissed, doesn't that give you a good chance of taking legal action? That has nothing to do with justice, but rather with arbitrariness.

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frapi07 wrote on 09/27/2024 12:07 PM:
It depends on the case, I suppose. If you only have 30 or fewer transactions, then the penalty will be correspondingly lower than if you have 100 transactions.

It's like theft, not every crime is punished the same. It makes a difference whether you steal €50 or €2000.

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Jasonknz878 wrote on 09/27/2024 12:11 PM:

I don't get that feeling here, as we have fewer transactions than others and have gotten much higher daily rates put on....

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Jasonknz878 wrote on 09/27/2024 12:11 PM:

I don't get that feeling here, as we have fewer transactions than others and have gotten much higher daily rates put on....

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frapi07 wrote on 09/27/2024 12:07 PM:
It depends on the case, I suppose. If you only have 30 or fewer transactions, then the penalty will be correspondingly lower than if you have 100 transactions.

It's like theft, not every crime is punished the same. It makes a difference whether you steal €50 or €2000.

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