Deepfake Crime in Korea: Can You File a Complaint Without Evidence? A Complete Legal Guide
According to recent statistics on digital sexual crime support cases in Korea, deepfake-related offenses—such as manipulated images and synthetic videos—continue to rise, with a significant concentration among victims in their teens and twenties. Korean law enforcement authorities are treating deepfake crimes as a top enforcement priority, leading to faster investigations and stricter penalties.
The critical issue, however, is how you respond immediately after discovering the damage. Many victims attempt to delete the content first, but in practice, evidence preservation must come before removal to secure a meaningful investigation.
What to Do Before Deleting Deepfake Content — Preserve Evidence First
If you discover a deepfake image or video, do not rush to delete it. Instead, you should first secure key evidence.
Capture screenshots that clearly show the URL, upload date, and account ID. Save all conversations with the suspected offender, and if possible, obtain statements from third parties who witnessed the content or its distribution.
Even if the content has already been deleted, it is still possible to proceed. Due to the nature of digital crimes, complete deletion is difficult, and data can often be recovered through server logs and digital forensics. In some cases, the act of deletion itself may serve as evidence of intent.
If you request deletion or report the case without proper evidence collection, you may unintentionally reduce the available investigative leads.
Legal Consequences — More Serious Than You Might Expect
Deepfake crimes in Korea are not treated as minor offenses. They are prosecuted under laws governing sexual crimes, and penalties can be severe.
Creating a deepfake video can result in up to five years of imprisonment or a substantial fine. Distributing such content may lead to up to seven years in prison. If the act is committed for profit, the sentence may increase to a minimum of three years of imprisonment. Habitual offenders may face even harsher penalties.
Importantly, even possession or viewing of such content can be punishable, meaning that liability can extend beyond the original creator or distributor.
Legal Procedure — A “Three-Track” Strategy Is Most Effective
Handling a deepfake case typically requires more than a single legal action. In practice, the most effective approach is to proceed with three tracks simultaneously.
- First, you can file a criminal complaint with a local police station or a cybercrime investigation unit. The investigation generally follows a process of account tracing, search and seizure, and digital forensic analysis.
- Second, you should request content removal and blocking through relevant authorities to prevent further distribution.
- Third, you may pursue a civil lawsuit for damages to recover compensation for emotional distress and financial loss.
For platforms like Telegram, where anonymity is high, early evidence collection becomes even more critical, as identifying the perpetrator may take longer.
Frequently Asked Questions
- Can I file a complaint without screenshots?
Yes. An investigation can begin based on the victim’s statement and circumstantial evidence. However, any additional materials—such as URLs, chat records, or witness statements—can significantly improve the speed and effectiveness of the investigation.
- What if I don’t know who the perpetrator is?
This does not prevent you from filing a complaint. Investigative authorities can identify anonymous users through account data, IP logs, and transaction records.
- What if the perpetrator requests a settlement?
You should not respond immediately. Statements made during settlement negotiations can affect both criminal proceedings and civil claims. It is important to consult with a lawyer before making any decisions.
If You Are a Victim — Timing and Strategy Matter
Deepfake crimes spread rapidly, while evidence can disappear just as quickly. That is why preserving evidence first and establishing a proper legal strategy early on is essential.
At Decent Law Firm, we provide comprehensive legal support for deepfake-related cases—from initial evidence preservation and complaint filing to criminal defense strategy and civil damage claims. Our approach goes beyond simple document preparation; we focus on building a strategy that leads to real investigative and legal outcomes.
If you are facing an urgent situation, you do not need to have everything prepared. A brief summary of the facts is enough to begin. We will guide you step by step on what to do first and how to proceed effectively under Korean law.