Supreme Court Presents First Criteria for Judging Crime Syndicate Organization Charges

Used Car Crime Organization Acquittal: Original Verdict Overturned
Likely to Impact Parksa Bang Group Case

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The Supreme Court has issued its first ruling on the criteria for the 'crime syndicate organization charge,' which recently drew attention due to the Telegram sexual exploitation illegal video issue.

The Supreme Court's First Division (Presiding Justice Seonsu Kim) announced on the 20th that it overturned the lower court's ruling, which acquitted the defendants of the crime syndicate organization charge applied in a case where a criminal group was organized and operated in an office in Incheon to sell fake used car listings for profit. The case was sent back to the Seoul High Court. The Supreme Court stated, "While it is not necessary to have the 'minimum command structure' required in a crime syndicate, there must be an organized structure sufficient to facilitate the planning and execution of crimes."

A(27), the head of an unregistered used car sales organization, and others were indicted for operating an office in Incheon from November 2016 to September last year, posting fake or bait listings online to lure victims and selling used cars at prices higher than market value. The prosecution applied the crime syndicate membership and activity charge under the Criminal Act to these used car sales organization members for the first time. Both the first and second trials did not recognize the crime syndicate organization charge, as the groups were deemed to have operated solely for profit without a vertical obedience system, thus lacking organizational structure.

However, the Supreme Court's judgment differed. The court stated, "It is a coalition formed under the common purpose of committing fraud, where members act according to assigned roles such as representative, team leader, dispatch group, and telephone counselor, establishing a system to repeatedly carry out fraudulent acts," and concluded that it qualifies as a group with criminal intent.

This Supreme Court ruling is expected to influence the ongoing crime syndicate organization case against the members of the 'Baksa Bang' group currently underway at the Seoul Central District Court. Until now, the prevailing analysis was that proving a certain organizational structure centered on Jo and evidence of profit distribution was necessary for a guilty verdict on this charge. However, with the Supreme Court's broad interpretation that "a group with a system dividing roles to execute crimes qualifies as a criminal group," there is a possibility that the sentences for the Baksa Bang members may increase.

This content was produced with the assistance of AI translation services.