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Amid growing criticism of so-called “cyber wreckers” — YouTubers who profit by posting videos about negative issues — following the extortion and blackmail case involving mukbang YouTuber Tzuyang, prosecutors have set a policy to recover their criminal proceeds.

Some in the legal community predict that the key issues will be whether the court will approve the freezing of cyber wreckers’ assets and how far the scope of criminal proceeds will be recognized.

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Attorney Chon Hyeong Hwan of YK Law Firm LLC said, “Items or assets obtained through criminal conduct may be subject to confiscation or collection under criminal law.” However, he pointed out, “If cyber wreckers deny a causal relationship with the criminal conduct by claiming that the money was voluntarily donated by subscribers to support them, regardless of any false or defamatory videos, this could become a point of dispute as the trial proceeds.”

He added, “Preservation for confiscation or collection is a measure that freezes assets in criminal proceedings before trial, similar to provisional attachment or injunction in civil cases.” He further noted, “If the court grants the prosecution’s request, there is a high possibility that collection will be ordered when the case proceeds to the merits. Therefore, the court’s initial decision may become a turning point.”

Source: EToday, Reporter Jeon A-hyun, “Prosecutors Tighten the Reins on ‘Cyber Wreckers’… Will Defining the Scope of Criminal Proceeds Become a Key Issue?” July 17, 2024.
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