'Baksa-bang' Video Production and Distribution
Each Member Assigned Specific Roles
Clear System for Revenue Transfer and Management
Operated Like a Factory or Corporation
Prosecutors Must Prove 'Command Structure'
Life Imprisonment Sentence Possible
[Asia Economy Reporter Kim Hyung-min] "Jo and his accomplices operated in a well-coordinated manner, producing and distributing videos and planning to receive profits in cryptocurrency. It gives a strong impression of a perfectly divided factory or corporation."
As A, a lawyer with extensive experience in corporate-related trials, mentioned, there is growing interest in the legal community regarding the possibility of applying the 'criminal organization formation charge' to Jo Joo-bin (24, detained), the operator of the Telegram 'Doctor's Room.' Meanwhile, the prosecution is expected to make a decisive move this week to charge Jo and others with this crime.
Article 114 of the Criminal Act states, "Anyone who organizes, joins, or participates in a group or organization for the purpose of committing crimes punishable by death, life imprisonment, or imprisonment for four years or more shall be punished with the penalty prescribed for the intended crime." For example, if a criminal organization was formed with the purpose of murder, its members can be punished with a sentence equivalent to murder even if they did not actually commit the murder, simply by participating in the organization. Therefore, there is speculation that Jo could be sentenced to life imprisonment.
The key issue is whether the prosecution can confirm the existence of a 'command structure' within Jo’s group. In October 2017, the Supreme Court upheld a 20-year prison sentence for a man in his 40s who recruited 77 members to form a 'voice phishing' criminal organization, recognizing the criminal organization formation charge. At that time, the Supreme Court stated, "There is no error in the lower court’s judgment that it is a criminal organization with at least a minimum command structure where internal hierarchy is maintained and roles are divided among members."
However, if such conditions are not met, Jo and his accomplices are likely to receive a prison sentence rather than life imprisonment. A legal expert said, "In previous similar cases, judges rarely handed down heavy sentences, and since Jo only produced and distributed videos without direct acts such as rape, it is more likely that he will receive a prison sentence rather than life imprisonment." Meanwhile, the prosecution has been reviewing an extensive amount of records and materials (12,000 pages) over the past weekend to assess the possibility of applying the criminal organization formation charge against Jo.
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