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Deals & Cases

Detection of the Contents of Electronic Records, etc.

Busan Attorney Assistance Case | Client Charged with Detecting the Contents of Electronic Records, Acquitted

The client was implicated in charges of detecting the contents of electronic records and intrusion into an information and communications network, and requested help from the Busan office to receive a concrete solution from an attorney.

CONTENTS
  • 1. The Client's Situation
    • - The Client Implicated in Charges of Detecting the Contents of Electronic Records
  • 2. Statutes Related to the Case, Explained by a Busan Attorney
  • 3. The Busan Attorney's Assistance
    • - Assistance Item ① Access Authority
    • - Assistance Provided ② Retaliatory Complaint
    • - Assistance Provided ③ Insufficient Evidence
  • 4. The Court's Decision on the Busan Attorney's Arguments
    • - If You Need the Help of a Busan Attorney

1. The Client's Situation

Daeryun Busan Attorney Detecting the Contents of Electronic Records Acquittal Case

The client sought a consultation with an attorney who had extensive case experience and know-how and wished to resolve the matter promptly, and so came to the attorney at the Busan office.

The Client Implicated in Charges of Detecting the Contents of Electronic Records

The account of the client seeking help is as follows.

The client was in charge of teaching children at a children's psychological development center operated by Mr. A.

One day, the client received a request from a coworker to "check whether a job applicant's resume had been received in Mr. A's email."

The client agreed and used Mr. A's known ID and password to view Mr. A's list of emails.

Upon learning of this, Mr. A filed a complaint against the client on the ground that the client had intruded into an information and communications network without legitimate access authority and had violated another person's secrets.

Although the client had only checked Mr. A's list of emails to see whether any job seeker had submitted a resume, the client was implicated in these charges and decided to seek advice from an attorney.

Wishing to consult with an attorney who had a deep understanding of criminal cases and to resolve the matter promptly, the client came to a Busan attorney.

2. Statutes Related to the Case, Explained by a Busan Attorney

The client was implicated in charges of detecting the contents of electronic records and intrusion into an information and communications network and came to a Busan attorney.

The crime of detecting the contents of electronic records refers to the act of using technical means to discover the contents of a sealed letter, document, or other special-medium record of another person that is protected by a seal or other secrecy device.

If this charge is established, a person may be punished under the following provision.

Article 316 of the Criminal Act (Violation of Secrecy)

① A person who opens a sealed letter, document, or drawing of another person that is protected by a seal or other secrecy device shall be punished by imprisonment with or without labor for up to three years, or a fine of up to five million won.

Intrusion into an information and communications network refers to the act of acquiring another person's secrets that are processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intruding into the network.

A person who commits this crime may be punished under the following provision.

Article 72 of the Network Act

① A person who falls under any of the following shall be punished by imprisonment with labor for up to three years or a fine of up to 30 million won.
1. A person who has collected another person's information
5. A person who has divulged to another person a secret learned in the course of duty, or used it for a purpose other than the duty

As such, both crimes are offenses that violate an individual's secrets, and the legal punishments for them are strictly prescribed.

3. The Busan Attorney's Assistance

The Busan attorney analyzed the case in detail, established a systematic strategy, and argued the following.

Assistance Item ① Access Authority

The client only checked the list of emails related to whether a resume had been received by accessing the complainant's email, and did not view any individual email.

In addition, the complainant had previously given the staff the account password, and had never told them not to view the automatically logged-in Naver email.

The attorney therefore emphasized that the client had no intent whatsoever to exceed the access authority and intrude into the information and communications network to view the complainant's email.

Assistance Provided ② Retaliatory Complaint

In the past, the complainant had asked the client to handle a personal matter, and the client had declined.

After the client declined the complainant's request, the complainant's attitude began to change abruptly.

The attorney emphasized that the complainant, displeased by this, took issue with the client's having reviewed the resume and filed the complaint with retaliatory intent.

Assistance Provided ③ Insufficient Evidence

In a criminal trial, the burden of proving the facts charged rests with the prosecutor, and the only evidence supporting them is the victim's statement.

The attorney emphasized that, without other objective evidence, the victim's statement alone could not establish that the client lacked legitimate authority to access the email list or that the client exceeded the access authority granted.

4. The Court's Decision on the Busan Attorney's Arguments

The court accepted the Busan attorney's arguments and ultimately issued a verdict of 'not guilty.'

The client, who was acquitted, expressed deep gratitude to the Busan attorney.

If You Need the Help of a Busan Attorney

Cases involving intrusion into an information and communications network involve many factors to consider, so receiving the assistance of an attorney who accurately understands the relevant laws can be helpful.

It is recommended to systematically establish a favorable defense strategy for each case and resolve the matter promptly.

Daeryun 🔗criminal attorneys form a task force to establish strategies tailored to the client and respond actively to the case.

If you need the help of an attorney in a situation similar to the case above, please request a consultation through the 🔗legal consultation booking.

부산변호사 조력 사례 | 전자기록등내용탐지 의뢰인, 무죄

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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