Page title background (PC version)Page title background (mobile version)

Deals & Cases

Violation of the Protection of Communications Secrets Act

[Seongnam Attorney's Office] A Suspension of Indictment Obtained for Securing Evidence of Illicit Infidelity with the Assistance of the Seongnam Attorney's Office

This client looked into a Seongnam attorney's office and requested an attorney consultation at the Daeryun Seongnam branch office. While the client's divorce litigation was ongoing, the client lacked evidence of the other spouse's infidelity, and in the process of collecting it the client was accused, so the client sought a Seongnam attorney for a response.

CONTENTS
  • 1. Why the Client Came to the Seongnam Attorney's Office
    • - The Seongnam Attorney's Office Conducts a Consultation
    • - Relevant Statutes Explained by the Seongnam Attorney's Office
  • 2. The Seongnam Attorney's Office Presents Its Position
    • - The Seongnam Attorney Argues the Client's Remorse
    • - The Seongnam Attorney Argues the Client Is the Sole Custodian
    • - The Seongnam Attorney Argues the Act Remained an Attempt
  • 3. The Seongnam Attorney's Office Mounts a Successful Defense
    • - If You Are Looking Into a Seongnam Attorney's Office, Consider Daeryun Law Firm
    • - Evidence Gathering Handled in One Place at Daeryun Law Firm

1. Why the Client Came to the Seongnam Attorney's Office

The client who came to the Seongnam attorney's office was in the middle of divorce litigation.

The opposing spouse had committed an act of infidelity, and while the client acted independently to gather evidence of the affair, the client was met with a criminal complaint from the other party. The client therefore requested the assistance of a Seongnam attorney.

The Seongnam Attorney's Office Conducts a Consultation

At the Seongnam attorney's office, a consultation was held together with an attorney specializing in criminal matters in order to understand the client's case.

The client had witnessed the other party's continued infidelity and was in the middle of divorce litigation.

Unable to obtain any physical evidence, the client grew increasingly anxious.

The client had frequently observed the other party driving off somewhere by car,

and attempted to learn the destination by attaching a location tracking device to that vehicle.

The client was soon discovered by the other party, blamed the other party for the reasons behind these actions, and admitted to the offense.

The other party retained an attorney and went so far as to file a complaint against the client.

The client then visited the Seongnam branch office and requested the assistance of an attorney.

The client had no intention of misusing the collected information, regretted the conduct, and sought help from a Seongnam attorney.

Relevant Statutes Explained by the Seongnam Attorney's Office

A Seongnam attorney explains the relevant statutes that penalize the client's conduct.

Act on the Protection and Use of Location Information, Article 15 (Prohibition of Collection of Location Information)

(1) No person may collect, use, or provide personal location information without the consent of the subject of the personal location information.

Article 40 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment of not more than 3 years or by a fine of not more than 30 million won.

4. A person who, in violation of Article 15 (1), collects, uses, or provides personal location information without the consent of the subject of the personal location information

“ No person may collect, use, or provide the location information of an individual or a movable object ( such as a vehicle ) without the consent of the individual or the owner ”

From 2016 and 2018 case law

2. The Seongnam Attorney's Office Presents Its Position

After reviewing the contents of the complaint submitted by the other party, the Seongnam attorney's office set its direction toward acknowledging the offense in full and seeking leniency, and it established a defense strategy on that basis.

The office formed a case-handling team that included the Seongnam attorney and an attorney specializing in criminal matters, and it presented a defense argument for the client's case.

The Seongnam Attorney Argues the Client's Remorse

The Seongnam attorney argued that the client had acknowledged the offense, admitted all of the facts, and was deeply remorseful.

The attorney submitted a handwritten letter of apology as evidence, noted that the client was a first-time offender, and emphasized that the conduct had occurred only once.

The Seongnam Attorney Argues the Client Is the Sole Custodian

The Seongnam attorney argued that the client was currently the sole custodian of the children.

If the client were to receive a criminal disposition for this conduct, the client would suffer a serious economic blow,

which would result in instability for the family's livelihood, and the attorney therefore asked for leniency in consideration of these circumstances.

The Seongnam Attorney Argues the Act Remained an Attempt

The Seongnam attorney acknowledged that the very attempt to commit the act was wrongful,

but argued that the location tracking device that had been installed was not recovered by the client and that the act of collecting the other party's location information remained an attempt, so the client was unable to use or misuse it.

3. The Seongnam Attorney's Office Mounts a Successful Defense

The Seongnam attorney advanced the arguments above and asked for leniency for the client, and in consideration of these circumstances the investigative authorities decided on a non-prosecution disposition.

If You Are Looking Into a Seongnam Attorney's Office, Consider Daeryun Law Firm

If you are looking into a Seongnam attorney's office, you may visit the Daeryun Law Firm Seongnam office for a consultation.

Attorneys in each practice area participate directly in consultations and communicate with clients.

For an attorney's office, we suggest visiting in person to consult directly with an attorney before retaining one.

Daeryun Law Firm maintains offices not only in Seongnam but also near district courts throughout the country, which makes in-person consultations more convenient.

In addition, an attorney in the relevant practice area participates directly in the consultation with the client from the outset.

Daeryun Law Firm avoids meaningless consultations with intake managers and pointless consultations with advising attorneys whose practice areas are entirely unrelated.

Evidence Gathering Handled in One Place at Daeryun Law Firm

As in the client's case, there are many people who, while gathering evidence of an affair, fail to recognize that their conduct is unlawful and instead face a complaint from the other party that places them at risk of criminal punishment.

To prevent such situations, Daeryun Law Firm has established an Evidence Investigation Group, where specialists provide assistance in lawfully gathering favorable evidence for civil and family litigation.

If you are looking for a Seongnam attorney, you may visit the Daeryun Law Firm Seongnam branch office to receive legal services for evidence gathering and other aspects of litigation.

[성남변호사사무실] 성남변호사사무실 조력으로 불법 불륜 증거확보에 불기소 결정

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.

Related Practice Areas

More

Divorce · Judicial Divorce
Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk