Two operators of AVMOV, an illegal filming distribution site that targeted family members and acquaintances, have been arrested by police. The Gyeonggi Nambu Provincial Police Agency's Cyber Investigation Division said it arrested two suspects, including a person identified as A, at the arrivals hall of Incheon International Airport around 6 a.m. Tuesday. With these arrests, eight of the nine operator-level figures whose identities have been confirmed by police are now in custody.
A and the other suspect are believed to be top-tier operators who posted large volumes of illegal footage on AVMOV and reaped substantial criminal proceeds from the site.
After the police investigation began, the two fled to Thailand and remained there. Following diplomatic measures including the invalidation of their passports, they expressed their intention to return voluntarily through their lawyers. Police said the voluntary return cannot be considered "self-surrender," which qualifies as grounds for sentence reduction under the Criminal Procedure Act, because the suspects expressed their intention to return only after arrest warrants had been issued.
Earlier, police identified nine operator-level suspects linked to the site and booked them on charges of violating the Special Act on the Punishment of Sexual Violence Crimes. Police are currently analyzing evidence, including PCs, seized during searches of the residences of five suspects. Compulsory investigation of one other suspect is expected soon.
The remaining three had left the country. With A and one other now returned, police are still tracking one suspect who remains abroad.
Could Simply Viewing AVMOV Lead to Prosecution?
In December last year, the Gyeonggi Nambu police detected AVMOV during in-house monitoring and launched a preliminary investigation. Users of the site, which opened in August 2022, shared videos secretly filmed of acquaintances or romantic partners or downloaded illegal footage using paid points, according to the investigation. The site had roughly 540,000 registered users. Access to the site is currently blocked.
Since the investigation became public, more than 100 self-reports have been filed by people admitting to having viewed videos on AVMOV, according to reports.
Simply viewing illegal footage posted online can be subject to criminal punishment. The key standard for determining culpability is "intent." A viewer can be criminally booked if they watched the content while aware that it was illegal footage of an adult or sexual exploitation material involving a minor.
Intent here includes both definite intent and willful negligence. Even without certainty that a video is illegal, charges can apply if the viewer recognized such a possibility while watching. Viewing footage after paying through coins or other paid methods on the site is highly likely to be deemed "intentional viewing."
The applicable laws and penalty levels differ depending on the type of illegal content in the video. The problem becomes more serious when minors appear in the footage. Under the Act on the Protection of Children and Youth against Sex Offenses, anyone who intentionally possesses or views sexual exploitation material is subject to imprisonment of at least one year, with no fine option. Legal experts say the possibility of leniency is limited in such cases.
Those who view illegal footage targeting adults can face up to three years in prison or a fine of up to 30 million won under the Sexual Violence Punishment Act.
Sexual exploitation material produced using deepfake technology is also punishable by up to three years in prison or a fine of up to 30 million won for viewing, under a law revised in October 2024.
