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Idol 'Sasaeng' Fan Impersonating Delivery Driver Receives Upheld Sentence in Second Trial for 'Distorted Fandom'

[비즈한국] It has been confirmed that a male fan who illegally obtained the home addresses and other personal information of famous idols under SM Entertainment by impersonating a delivery driver has been sentenced to a fine in his second trial. Unlike traditional stalking or personal information theft cases, which primarily involve physical proximity or threats, this case is considered unique as it involved fans tricking celebrities into revealing their personal information via phone calls. The incident was cited in an introductory video for SM Entertainment’s artist reporting center, 'KWANGYA 119,' as a case without previous legal precedent in the industry, and it is believed that this ruling will serve as a benchmark for future sentencing standards.

Fine of 3 million KRW upheld: "Not an unfair sentencing"

On the 28th of last month, the Criminal Division 1-2 of the Seoul Eastern District Court (Presiding Judge Jung Hyun-seok) dismissed the appeal filed by the defendant, a man in his 20s named 'A', who was charged with violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act), and upheld the original verdict of a 3 million KRW fine.

Defendant A and his co-defendant, another man in his 20s named 'B', were active participants in real-time broadcasts on the social media (SNS) audio chat platform 'Spaces.' On April 23, 2023, they were charged with calling the contact numbers of SM-affiliated idols they had obtained and impersonating delivery drivers to illegally collect their home addresses and other information. 'Spaces' is an audio-based service on the SNS platform 'X' (formerly Twitter) that allows hosts, invited users, and listeners to communicate in real time.

Last year, SM Entertainment identified four individuals who participated in the live broadcast as suspects and referred two of them, who had personally placed the calls, to the prosecution with a recommendation for indictment. Investigation revealed that the defendants called the victims' contact numbers and pretended that delivery was difficult due to missing parts of their addresses. These acts lasted for over an hour, from approximately 5:14 PM to 6:30 PM on the day of the incident, targeting three members of NCT and one member of EXO, and were broadcast unfiltered to a large audience of listeners.

In July last year, the first trial court acknowledged the criminal charges against both defendants and sentenced each to a fine of 3 million KRW. Although A requested a reduced sentence, claiming the crime was motivated by fandom, the second trial court rejected this, judging the nature of the crime to be serious.

The court stated, "The victims felt significant anxiety, and the nature of the crime is grave, to the extent that some victims actually had to move house. The victims have largely expressed a desire for strict punishment," adding, "Considering all sentencing factors presented in the arguments, it cannot be said that the original sentencing was so heavy that it exceeded the reasonable scope of discretion."

The court considered that the crime was not motivated by financial gain and that the defendants had deposited 500,000 KRW each for two victims and 1 million KRW for another as criminal settlement funds. However, the court dismissed the defendant's claim that the "crime was committed simply out of a desire to hear the idol's voice for a little longer," stating, "The content of the crime involved asking for the victims' residential information or receiving actual residential information, so it is difficult to accept this claim."

Entertainment agencies take a hardline stance; will this serve as a warning against similar crimes?

While the fine imposed by the court is relatively light, the ruling is considered significant because a rare type of crime was legally recognized as a guilty offense.

In the 'KWANGYA 119' introductory video posted on SM Entertainment's official YouTube channel last year, lawyer Han Sang-hoon (Law Firm Sejong) said, "It was a case that was difficult to handle because there was no precedent," adding, "Even the investigator said it was the first time they had received a complaint with such charges, but they accepted it after reviewing the submitted documents and hearing the lawyer's explanation."

Article 73, Paragraph 7 and Article 49-2, Paragraph 1 of the Information and Communications Network Act prohibit the act of collecting or soliciting another person's information through deception using an information and communications network. Although the defendant cited their fandom and the lack of financial gain, the court viewed the provision of the victim's actual residential information and the resulting harm as significant.

Personal information such as famous celebrities' phone numbers, home addresses, and flight information is illegally circulated and traded through social media. Experts suggest that such incidents occur due to a combination of personal information leaks and the increasingly toxic nature of "mocking" in fan culture. This incident has also faced criticism for turning the invasion of privacy into a source of entertainment within sub-fandom cultures.

At the time of the first trial, SM Entertainment stated, "Acts such as illegally obtaining and calling or visiting the artist's phone number or home address have been ongoing for a long time. To protect our artists, we will maintain a zero-tolerance policy and continue to monitor and take legal action against such acts, as well as any behavior that infringes upon our artists' rights and reputation, and we are currently awaiting results for several other filed complaints."

Within the industry, this ruling is expected to serve as a reference point for similar future cases. An official from a mid-sized entertainment agency said, "Infringement of celebrities' personal information is an area where the damage has been significant, but legal response has been difficult. We hope that with this ruling, along with the recent strengthening of measures to protect artists, practical responses will gradually improve."