“Deepfakes are serious crimes”… The legal profession must respond with all its might using cutting-edge technology.

[Interview] Kim In-won, Head of Criminal Investigation Group, Daeryun Law Firm

As the deepfake crime of synthesizing and distributing other people's photos into pornographic material is spreading beyond college campuses to elementary, middle, and high schools, the legal community has taken active action by establishing a dedicated organization.

Daeryun Law Firm also declared that it would do its best to respond to the recent surge in deepfake crimes. The plan is to use cutting-edge technologies such as digital forensics to investigate evidence. To collect evidence, a cybercrime team linked with the evidence investigation and digital forensics group was formed. We actively utilize the mock investigation room and court system to provide close defense throughout all procedures, from the police investigation stage to the trial.

Detective Group Chief Kim In-won emphasized the importance of legal assistance in responding to deepfake crimes.

The following is a Q&A with Group Manager Kim.

-Recently, society is in an uproar due to deepfake technology. What kind of technology is it and what are the criminal patterns?
▶Deepfake is a compound word of Deep Learning and Fake, and is a technology that uses AI to create images or videos whose authenticity cannot be confirmed. For example, if you create a video of a famous actor walking by combining the face of a famous actor with the body of a passing citizen, that is a deepfake video. Deepfakes are rarely used in a healthy way, simply as a hobby. Crimes such as creating a composite video of a famous politician to defame him or creating and distributing a sex crime video by synthesizing the face of an acquaintance are common.

-What are the punishments for downloading or distributing deepfake materials?
▶ Anyone who produces, distributes, or edits a deepfake video can be punished by up to 5 years in prison or a fine of up to 50 million won in accordance with the Special Act on the Punishment of Sexual Crimes. If you distribute the video for commercial purposes, you may be subject to aggravated punishment of up to 7 years in prison. In fact, in the so-called 'Seoul National University N Room Case', in which sexually exploitative material was created by combining the faces of female alumni with pornography, one of the defendants was sentenced to five years in prison in the first trial.

-Will I be punished for simply participating in a chat room where videos are shared?
▶Currently, there are no punishment provisions for simply watching or possessing deepfake videos. However, due to the recent increase in sexual crime cases on Telegram, there are opinions that simple participants should be punished for aiding and abetting, so it is better not to participate in chat rooms at all.

-What assistance can lawyers provide to victims of deepfake crimes?
▶For most cyber sex crimes, including deepfakes, securing evidence is the most important, but it is somewhat difficult to proceed alone due to closed distribution channels. At this time, if you get the help of a professional lawyer, it will be much easier to collect evidence to prove damage. In the case of Daeryun, it operates a digital forensics center to support the recovery of deleted data and the collection of legal evidence regarding the status of video distribution. We can even assist with deleting personal or sensitive information and submitting it to investigative agencies.

-What advice can you give if you are involved in a cyber sex crime?
▶Cyber ​​sex crimes have the characteristic of not being limited by time and space. Crimes occur frequently and can be punished with various charges, so we need to respond quickly. If you are a victim, it is recommended that you seek help from a professional to quickly collect evidence, and if you are a perpetrator, it is recommended that you consult with a professional lawyer to secure elements of a reduced sentence.

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