How to Avoid Up to 5 Years' Imprisonment for Female Student Deepfake Cases <Response Strategy>

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles cases together.

If you are reading this, you may be facing the risk of punishment for purchasing deepfake obscene material involving female students, among other reasons.

Recently, cases involving the distribution of AI-generated deepfake and deep voice obscene material in group chats on Telegram and other online platforms have frequently been reported in the media.

With a large number of victims and even personal contact information being disclosed, this has caused significant controversy.

Beyond this particular case, there are many instances of purchasing, viewing, or possessing obscene video material.

All such acts are unlawful and subject to criminal punishment. In particular, if the material involves children or minors, the sentence is more severe, so an early defense strategy must be established to prevent detention.

With that in mind, today the expert attorneys at LAWFIRM LEAP, who have experience at major law firms and the police, would like to explain how to obtain a Suspended Indictment during the investigation stage for those involved in matters such as distributing deepfake obscene material.

In this type of case, a Suspended Indictment is the best way not only to avoid imprisonment but also to prevent a criminal record for sex offenses and the imposition of security measures, so we urge you to seek assistance promptly.

01Female Student Deepfake Cases: Applicable Under the Special Act on Sexual Violence and the Act on the Protection of Children and Youth

The offense of distributing false video material may be punished when a person's face, body, or voice is edited, synthesized, or processed against the subject's will for purposes of distribution, in a form that induces sexual desire or shame.

Therefore, if a person creates recently controversial deepfake or deep voice recordings, they may be subject to imprisonment of up to 5 years or a fine of up to KRW 50 million.

Article 14-2 of the Act on Special Cases Concerning the Punishment of Sexual Violence Crimes (Distribution, etc. of False Video Material, etc.) (1) A person who, for the purpose of distribution, etc., edits, synthesizes, or processes a recording, video, or audio material featuring a person's face, body, or voice against the will of the subject of the material in a form that may induce sexual desire or shame shall be punished by imprisonment for not more than 5 years or a fine not exceeding KRW 50 million. (2) A person who distributes, etc. an edited, synthesized, or processed material or a copy thereof under paragraph (1), or who, even if the editing under paragraph (1) was not against the will of the subject of the material at the time, subsequently distributes, etc. such edited material or a copy thereof against the subject's will, shall be punished by imprisonment for not more than 5 years or a fine not exceeding KRW 50 million. (3) A person who commits the crime under paragraph (2) for profit by using an information and communications network against the will of the subject of the material shall be punished by imprisonment for not more than 7 years. (4) When a person habitually commits any of the crimes under paragraphs (1) through (3), the punishment prescribed for such crime shall be aggravated up to one half.

Even without having created the material, distributing it in a group chat, etc. is also punishable by imprisonment of up to 5 years or a fine of up to KRW 50 million, and distributing it for profit while knowing it is false video material is subject to enhanced punishment of up to 7 years' imprisonment.

Furthermore, merely possessing the material personally or viewing it can also be subject to punishment.

Since the excuse of having had no intent to distribute the material does not resolve the issue, you must be careful with your initial statements.

In particular, if the victim depicted in deepfake obscene material distributed via group chats such as Telegram is a child or minor, under the Act on the Protection of Children and Youth against Sexual Abuse, the offense is punishable by imprisonment of at least 1 year with no option of a fine, which increases the risk of detention.

As this is an offense subject to very strict punishment and is increasingly being treated with severity due to growing social harm, if you are at risk of investigation in connection with this matter, you must take prompt action to find a way to defend against legal liability.

02How to Defend Against Security Measures and Obtain a Suspended Indictment in Female Student Deepfake Cases

If you are involved in a deepfake case but did not personally edit or create the false obscene material, and merely possessed or purchased it, it is advisable to acknowledge the charge based on the evidence and appeal for leniency.

It is also important to demonstrate that you are a first-time offender with no prior criminal record, that the act was impulsive and out of curiosity, and to show a sincere attitude of deep remorse for your wrongdoing.

You may also find a way to conclude the case by reaching a settlement with the victim.

If, after purchasing the material, you posted it in other group chats for financial gain, the nature of the offense becomes more serious. In such cases, rather than denying the charge or claiming ignorance, you should respond with a more systematic and well-organized statement.

Depending on the specific circumstances, if you received money for distributing the material in outside group chats but the gain was small and the number of distributions was limited, you should apologize to the victim and seek leniency through prompt settlement negotiations.

Also, if you actually created and distributed the deepfake material, your legal liability is very heavy, so obtaining a Suspended Indictment may realistically be difficult.

In this case, you should promptly acknowledge your wrongdoing, actively cooperate with the investigation, and undergo questioning in good faith.

Above all, you must show a deep sense of remorse and a resolve not to reoffend, and beyond that, you must find any individually applicable sentencing factors to avoid imprisonment. Only with the assistance of an expert attorney in developing your statements and gathering sentencing materials can you defend against significant disadvantage.

However, if the case involves a minor victim under the Act on the Protection of Children and Youth against Sexual Abuse, defending against the sentence is difficult, so you should be sure to seek advice from a legal professional who has handled many such cases and understands the legal grounds for leniency.

You should promptly identify and present mitigating factors, such as not knowing the video actually featured a minor, viewing it out of curiosity without distributing it, or having a record of immediately deleting it.

Since evidence destruction does not work in cybercrime cases, and forensic investigation may be conducted, recklessly denying the charge is very dangerous.

Therefore, please keep in mind that working with a sex-crime specialist who can accurately understand and assist with your situation is essential to obtaining a favorable outcome.

Because we have experience conducting investigations, we can respond effectively to investigations.

Today, we have outlined a response strategy for those accused of creating and distributing deepfake obscene material.

In particular, we have emphasized that cases under the Act on the Protection of Children and Youth against Sexual Abuse involving minors are treated with great severity, so please keep this in mind when responding.

In this type of case, early response is a key factor in determining the outcome, so a hasty response should be avoided.

The attorneys at our firm, LAWFIRM LEAP, are experts with experience at Korea's leading law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds with the police. With in-depth investigative know-how, we promise to help you obtain a Suspended Indictment or a finding of Cleared of Suspicion through accurate situational analysis and evidentiary strategies tailored to the client's position.

Please trust us with your case.