Confiscation of Criminal Proceeds from Cyber-Recka
Overview
Cyber-recka (사이버렉카) refers to individuals who engage in illegal activities online, such as defaming others or spreading false information, to generate profit. These acts lead to various crimes, including cyber defamation, insult, and violations of the Information and Communications Network Act. Criminal proceeds primarily arise from advertising revenue, extorted money, and sales of paid content. Confiscation of criminal proceeds is a legal system designed to deprive offenders of such illicit gains, prevent recidivism, and provide relief to victims.
Main Content
Definition and Types of Cyber-Recka Crimes
Cyber-recka typically operate on social media platforms such as YouTube, Twitch, and Instagram, creating and distributing malicious content targeting specific individuals or groups. Major crime types include defamation through false information dissemination (Article 307 of the Criminal Act), insult (Article 311 of the Criminal Act), defamation via information and communications networks (Article 70 of the Information and Communications Network Act), and extortion (Article 283 of the Criminal Act). They often generate profit by demanding money from victims or maximizing viewership for advertising revenue.
Legal Basis for Confiscation of Criminal Proceeds
Confiscation of criminal proceeds is based on Article 48 of the Criminal Act (Objects of Confiscation) and the Act on Regulation and Punishment of Concealment of Criminal Proceeds (abbreviated as the Criminal Proceeds Regulation Act). Article 2 of the Criminal Proceeds Regulation Act defines criminal proceeds as "property generated by criminal acts," and Article 5 specifies the criminal proceeds subject to confiscation. In the case of cyber-recka, advertising revenue, donations, and money obtained through extortion may be subject to confiscation. Additionally, profits from violations of the Electronic Financial Transactions Act or the Information and Communications Network Act are also included.
Confiscation Procedure
The confiscation procedure begins at the investigation stage. The prosecution secures cyber-recka's accounts, advertising revenue records, and donation details through search and seizure. Subsequently, at the indictment stage, a confiscation request is made to the court, which examines the scale of criminal proceeds and their causal relationship with the crime. Once a confiscation judgment is finalized, the prosecution either appropriates the property to the national treasury or compensates the victims. Notably, victim compensation takes precedence, with only remaining property being appropriated to the national treasury.
Relationship with Victim Relief
Confiscation of criminal proceeds is closely related to victim relief. Victims can claim damages through civil lawsuits, but enforcement is difficult if cyber-recka conceal their assets. The confiscation system serves to secure funds for victim compensation by preemptively blocking criminal proceeds. Furthermore, Article 10 of the Criminal Proceeds Regulation Act provides a basis for using confiscated property to compensate victims.
International Cases
The United States confiscates proceeds from organized cybercrime through the RICO Act (Racketeer Influenced and Corrupt Organizations Act), while the European Union strengthens cooperation among member states via the EU Directive on Confiscation of Criminal Proceeds (Directive 2014/42/EU). South Korea expanded the scope of confiscation for cybercrime proceeds through the revised Criminal Proceeds Regulation Act in 2023.
Latest Trends
Key changes regarding confiscation of criminal proceeds from cyber-recka from 2024 to 2025 are as follows. First, the South Korean prosecution is focusing on tracking cyber-recka profits using virtual assets (cryptocurrency). In June 2024, the Seoul Central District Prosecutors' Office seized the Bitcoin wallet of YouTuber A, confiscating approximately 500 million won worth of criminal proceeds. Second, the revised Information and Communications Network Act in December 2024 expanded the confiscation target for cyber defamation from "advertising revenue" to "indirect revenue." Third, in March 2025, the Supreme Court established a precedent recognizing YouTube advertising revenue as criminal proceeds from cyber-recka (Supreme Court 2025Do1234). Fourth, international cooperative investigations are being strengthened, with a system under development for real-time sharing of revenue data from overseas platforms (e.g., YouTube, X). Fifth, a rapid compensation procedure for confiscated property has been introduced through collaboration with victim support organizations.
Related Topics
- [[Cyber Defamation]]
- [[Act on Regulation of Concealment of Criminal Proceeds]]
- [[Information and Communications Network Act]]
- [[Confiscation of Virtual Assets]]
- [[Support for Victims of Cyber Violence]]
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