Downloaded Colleague's Photo from Organization Chart to Create Synthesis, Then Used as Profile Image
Court: "Sexual humiliation can be caused even if there is no physical exposure"

A male civil servant affiliated with Guro District Office in Seoul has been sentenced to a fine in the first trial for using artificial intelligence (AI) to synthesize a female colleague's facial photo to make it seem as if they were in a romantic relationship, and posting the images on his social networking service (SNS).


According to Yonhap News on September 11, Criminal Division 13 of the Seoul Southern District Court (Presiding Judge Nam Minyeong) sentenced a man in his 50s surnamed Lee (53), who was indicted on charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (editing of false visual material, etc.) and defamation, to a total fine of 6 million won (5 million won for violation of the special sexual crimes act and 1 million won for defamation). The court also ordered Lee to complete 40 hours of a sexual violence therapy program.

Seoul Southern District Court

Seoul Southern District Court

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Lee was accused of downloading a photo of his colleague, Ms. A, from the district office's organizational chart in November last year and using generative AI to synthesize it as if they were a romantic couple. He then posted the images on his own SNS profile four separate times. It is reported that Lee was Ms. A's superior but did not have any personal relationship with her.


The court pointed out, "The victim testified that upon seeing the false visual material posted by the defendant, she felt overwhelmed by a wave of shame, humiliation, and disgust all at once," adding, "After the incident, rumors spread within the organization, causing her significant shame and fear." Lee argued during the trial that the material he posted was unlikely to cause sexual humiliation to the victim and that he had no such intent. However, the court did not accept this argument. Earlier, in July, the prosecution demanded a 10-month prison sentence for Lee, stating, "He posted the photographs publicly despite recognizing there was a problem with his actions."



The court stated, "It cannot be concluded that whether or not visual material can induce sexual desire or shame is limited only to cases where the body is exposed," and added, "Cases where clothing tightly conforms to reveal the body's contours, as in this case, may also be included." The court further explained, "The defendant has not received forgiveness from the victim, and even in court, he offered unconvincing excuses, such as people likely having difficulty recognizing the victim due to his facial recognition disorder, calling into question whether he is truly remorseful for his crimes." Regarding the sentencing, the court added, "However, it was considered favorable that the defendant suffers from a mental illness, acknowledges the basic facts of the offense, and this is his first offense."


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