CONTENTS
- 1. The Client Who Requested Digital Forensics
- - How the Computer Forensics Engagement Came About
- 2. Reviewing the Statutes Relevant to a Digital Forensics Case
- - Penalties for Occupational Breach of Trust
- 3. The Digital Forensics Assistance Provided
- - Digital Forensics Assistance ① Securing Traces of the Leak of Client Information
- - Digital Forensics Assistance ② Securing Materials Related to the Acquaintance's Business
- 4. As a Result of the Digital Forensics Assistance, Evidence Was Secured
- - If You Need Computer Forensics Assistance
1. The Client Who Requested Digital Forensics
Before filing a criminal complaint against an employee who had committed occupational breach of trust, the client came to Daeryun to consult with the Digital Forensics Center and to request its assistance.
How the Computer Forensics Engagement Came About
The detailed account of the client who requested digital forensics assistance is as follows.
The client, the representative director of a company, one day received a shocking report from one employee.
The report stated that Employee A was not performing the work assigned to him and was instead helping an acquaintance with a private business during working hours.
When the company suffered significant harm from Employee A's occupational breach of trust, the client resolved to respond legally.
Before proceeding with the complaint, the client felt the need to secure sufficient evidence to prove the occupational breach of trust.
The client came to Daeryun to request 🔗digital forensics assistance from an attorney who had handled numerous 🔗embezzlement and breach of trust cases.
2. Reviewing the Statutes Relevant to a Digital Forensics Case
The client came to Daeryun to entrust an occupational breach of trust case and to request digital forensics assistance.
Let us examine the penalties for occupational breach of trust in detail.
Penalties for Occupational Breach of Trust
Occupational breach of trust is committed when a person who administers another's affairs, through an act in violation of that occupational duty, obtains a pecuniary benefit or causes a third party to obtain one, causing loss to the principal.
If the charge of occupational breach of trust is established, the offender may be punished under the following provision.
Article 356 of the Criminal Act (Occupational Embezzlement and Breach of Trust)
A person who commits the crime of embezzlement or breach of trust in violation of an occupational duty shall be punished by imprisonment for not more than ten years or by a fine not exceeding 30 million won.
Occupational breach of trust is a serious offense, so if you are involved in such a charge, it is recommended to consult an attorney to closely review the facts of the case and establish a systematic defense strategy.
3. The Digital Forensics Assistance Provided
The Digital Forensics Center closely reviewed the facts of the case and then carried out the digital forensics procedure.
Through the following process, it secured as much evidence related to the case as possible.
Digital Forensics Assistance ① Securing Traces of the Leak of Client Information
The Digital Forensics Center decided to confirm what work Employee A had performed at each point in time.
After examining the files containing business partner information, it was able to secure traces showing that Employee A had leaked business partner information to the outside.
It argued that this would serve as important material capable of proving Employee A's occupational breach of trust.
Digital Forensics Assistance ② Securing Materials Related to the Acquaintance's Business
The Digital Forensics Center confirmed that most of the files stored on Employee A's computer were materials related to the acquaintance's business.
Through computer forensics, it was also able to learn that a mobile phone registered under Employee A's name was synced with that PC.
It argued that this could prove that Employee A had effectively operated the business in question and had committed occupational breach of trust.
4. As a Result of the Digital Forensics Assistance, Evidence Was Secured
The client who had requested digital forensics assistance was able to secure as much material as possible capable of proving Employee A's occupational breach of trust.
The client then promised to proceed with the future complaint procedure together with Daeryun.
If You Need Computer Forensics Assistance
Evidence is important material that can prove the facts of a case, and it directly affects the court's judgment.
It is therefore recommended to lawfully collect 🔗civil and criminal litigation evidence at an early stage of the case and to promptly establish a strategy accordingly.
When submitting digital information as evidence, Daeryun also submits a report on the analyzed material, actively supporting its clients.
Through a systematic digital forensics process of evidence collection, analysis, and review, it promptly secures evidence that can lead a case favorably.
If, as in the case above, you need a computer forensics procedure, please come to Daeryun at any time to entrust your case.
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.
