Seocho criminal lawyer, “Corona 19, spreading false information using public anxiety can be punished”

Recently, the spread of false information, such as fake news related to the novel coronavirus infection (COVID-19), has emerged as a serious social problem. What punishment will you receive if you commit a crime related to COVID-19?

-refusal to self-quarantine

If you refuse a doctor's recommendation for testing or do not follow self-quarantine guidelines, you may be subject to legal punishment. △If you refuse, interfere with, or avoid an epidemiological investigation conducted by the Korea Centers for Disease Control and Prevention without justifiable reasons, you will be subject to imprisonment for up to 2 years or a fine of up to 20 million won in accordance with the Infectious Disease Prevention and Control Act. △Patients who refuse to be quarantined, such as those who do not respond to measures such as hospitalization and treatment, may be subject to a fine of up to 3 million won. This includes cases where a person refuses health authorities’ orders for testing, hospitalization, or isolation of patients with infectious diseases, people concerned about transmission, or people suspected of being infected. In fact, in December 2015, the Seoul Central District Court sentenced a woman in her 50s to a fine of 3 million won for going out despite being notified of self-quarantine during the MERS outbreak.

-Mask concession stand

On the 12th, the Ministry of Food and Drug Safety began emergency supply and demand adjustment measures for the first time since the enactment of the Price Stabilization Act. Mask producers must report production, domestic shipment and export volume, and sellers must report buyers and unit price quantities when selling in bulk. Anyone who hoards masks and hand sanitizers or violates emergency supply and demand adjustment measures may be subject to imprisonment for up to two years or a fine of up to 50 million won. Both of these can be applied, so you may be subject to both imprisonment and fines.

- Malicious smishing

Recently, taking advantage of public anxiety, false messages disguised as information such as ‘confirmed case in area 00 has died’, ‘masks are provided for free’, and ‘delivery delivery delayed due to coronavirus’ are being distributed to an unspecified number of people. This is a smishing scam that steals personal information by inducing the installation of a malicious program, so special caution is required. Through this, the scope of punishment is determined by comprehensively reviewing the circumstances leading to the fraud, the nature of the crime, and the amount of damage. Please note that even if you do not directly participate in electronic financial fraud, you may be punished under the Electronic Financial Transactions Act even if you transfer, acquire, or rent a bankbook or cash card.

-Spreading false information

Producing and distributing various ghost stories and fake news is also subject to punishment. Additionally, if you cause damage to a specific company or hospital by posting false information related to the movement path of a confirmed patient, hospital, etc., it is a crime of obstruction of business. In particular, fake news about government-run public health centers and hospitals can be subject to charges of obstruction of official duties due to hierarchy. The crime of obstruction of business is punishable by imprisonment for up to 5 years or a fine of up to 15 million won, and the crime of obstruction of official duties also carries the same punishment.

Shim Jae-guk, a Seocho criminal lawyer (Daeryun Law Firm), advised, "The crime that ordinary people can most easily engage in is the spread of fake news. If the situation is as serious as COVID-19, greater punishment may be imposed. If you have been criminally punished for defamation or obstruction of business, you may have to pay alimony in a civil lawsuit, so you need to be careful not to get involved in criminal activity."

real@heraldcorp.com

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