Woman in Her 30s Sentenced to Prison for Distributing Sexual Photos Obtained by Impersonating Ex-Boyfriend's Wife

Crime Committed by Registering a Phone Using Ex-Boyfriend's Wife's Former Number
Pretending to Have Amnesia to Obtain Sexual Photos

A woman in her 30s has been sentenced to prison for impersonating her ex-boyfriend's wife on a mobile messenger, obtaining and distributing sexual photos of the wife from another person.

On September 7, Yonhap News Agency reported that the Suwon District Court Criminal Division 11 (Presiding Judge Kim Sujeong) sentenced Ms. A to one year in prison on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (filming or distributing using cameras, etc.). The court also ordered Ms. A to complete 40 hours of a sexual violence treatment program and imposed a five-year employment restriction at institutions related to children, adolescents, and facilities for people with disabilities. However, the court did not take her into custody immediately, citing the fact that the defendant has a young child and is not considered a flight risk, even though a prison sentence was handed down.

Suwon District Court building. Photo by Yonhap News Agency

Committed the crime by activating a mobile phone with ex-boyfriend's wife's former number

In September 2018, after her ex-boyfriend B's wife, C, changed her mobile phone number, Ms. A activated a new phone using C's old number, deciding to investigate C's past activities. When C's ex-boyfriend D contacted the mobile messenger profile, Ms. A pretended to be C, claiming to suffer from amnesia due to a car accident, and asked D to send her photos of C's sexual encounters. D then sent Ms. A approximately 20 photos depicting sexual acts with C. In December of the same year, during a conversation with B via mobile messenger, Ms. A sent B about 10 of those photos related to C.

Ms. A and B had lived together with the intention of marriage, but after B married C instead of her, Ms. A harbored resentment, believing that she and B broke up because of C, which led her to commit the crime.

Pretended to have amnesia to obtain sexual photos

During the trial, Ms. A argued that at the time, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes only allowed for the punishment of those who provided the recordings, not those who received them, and therefore she could not be punished as an indirect perpetrator. However, the court found that Ms. A's act of pretending to be C, who had amnesia, went beyond the mere illegal possession of the recordings and that, under the general provisions of the Criminal Act regarding accomplices, she could be punished. The court thus recognized her guilt for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes as an indirect perpetrator.

The court stated, "This case appears to have been planned and carried out in an intelligent manner, and the degree of invasion of the victim's privacy is severe." The court further pointed out, "Although the crime cannot be considered the sole cause of the victim's subsequent divorce from her husband, it is evident that it contributed in part." Regarding the sentencing, the court explained, "The nature of the crime is extremely egregious, and the resulting harm is severe."