CONTENTS
- 1. The Client Who Sought Help with the Examination of Evidence
- - Security Solution-Based Plan for the Examination of Evidence and Detection
- 2. Result of the Examination of Evidence Detection: Spyware Discovered
- - Q&A on the Examination of Evidence
- 3. Examination of Evidence: The Process of Securing Reliable Legal Evidence
1. The Client Who Sought Help with the Examination of Evidence
The client who requested assistance with the examination of evidence had been preparing for divorce litigation against their spouse through Daeryun.
In the course of the litigation, the client confirmed circumstances indicating that their conversations and private affairs had been leaked externally during the conflict with their spouse.
Given that the specific contents of the conversations had been submitted to the spouse's legal representative, the client suspected the possibility of illegal wiretapping or the installation of spyware.
The client therefore requested professional evidence examination services from the attorney in charge, and Daeryun, in cooperation with an affiliated external security center, investigated whether an illegal wiretapping device or program was present on the basis of security solutions.
Security Solution-Based Plan for the Examination of Evidence and Detection
▶Date and place of detection:
○ July 2025, an office located in Seoul and the client's personal belongings
▶The client's requests:
-Detection of eavesdropping devices inside the office and on the furnishings
-Inspection of electronic devices such as the personal mobile phone and laptop for spyware
▶Personnel deployed:
Two security detection engineers
▶Equipment used:
-Wideband RF screening equipment
-A precision spectrum detector
-A hidden camera detector
-A malware detection program
▶Detection plan:
Considering the possibility of real-time eavesdropping, the security center, which provides security solution services, carried out the detection under acoustic shielding (Silent Operation).
-Stage 1: After identifying the office layout, visual and tactile inspection in the order of ceiling, walls, floor, and furnishings
-Stage 2: Searching for abnormal radio signals within the space through RF screening
-Stage 3: Precise analysis of frequency bands using a precision spectrum detector
-Stage 4: Searching for abnormal devices connected via Bluetooth and Wi-Fi
-Stage 5: Inspection of electronic devices such as the mobile phone and laptop for spyware
2. Result of the Examination of Evidence Detection: Spyware Discovered
As a result of evidence investigation and detection, spyware was found on the client's mobile phone.
It was disguised as a normal application, but all permissions, including location, microphone, camera, text, and call, had been granted.
The program had been installed in a manner difficult for the user to recognize, and the possibility of long-term monitoring was confirmed.
The security center immediately reported the inspection result to the client and the Daeryun attorney in charge, and recommended that the spyware found be preserved in accordance with digital forensics procedures rather than deleted immediately.
The Daeryun attorney in charge secured the program's installation path, the execution logs, and the details of the transmitted data for use in future litigation.
Together with this, the attorney advised the client on resetting the mobile phone, methods to prevent secondary infection, and the like.
Q&A on the Examination of Evidence
Q. When is an evidence investigation necessary?
A. Representative situations in which an evidence investigation is necessary are as follows.
-When there are circumstances suggesting that a third party, such as a spouse, a family member, or a company insider, is unlawfully tracking conversations or locations
-When wiretapping is suspected at an office or residence
-When the opposing party has submitted unlawfully collected material as evidence in litigation
Q. What legal issues arise with unlawful wiretapping or spyware?
A. The following punishments may apply.
-Violation of the Protection of Communications Secrets Act: infringement of the secrecy of conversations and communications
-Violation of the Network Act: installation of malicious programs and unauthorized collection of personal information
-Violation of the Criminal Act: where unlawfully recorded or wiretapped material is submitted to a court, it is rejected as unlawfully collected evidence
Q. Can material secured as unlawful evidence be used in litigation?
A. In principle, its admissibility is not recognized under the rule excluding unlawfully collected evidence.
On the contrary, a person who has carried out unlawful wiretapping or recording may be subject to criminal punishment.
Q. Is it not acceptable to delete material immediately after an evidence investigation?
A. Arbitrary deletion is not recommended.
For subsequent legal response, the material must be preserved in its original state, and it must go through a digital forensics process.
Q. Why is it important to undergo a professional evidence investigation?
A. If a non-expert arbitrarily checks or deletes material, the integrity of the evidence is broken, and it may lose its effect in court.
It is important to secure evidence through a lawful and safe procedure with the assistance of a professional detection service and an attorney.
3. Examination of Evidence: The Process of Securing Reliable Legal Evidence
Evidence investigation is not mere detection but a procedural preparation process for future legal response.
As in this case, illegal wiretapping and spyware are difficult even to detect without professional verification, and their evidentiary effect is also difficult to maintain.
Therefore, if there are suspicious circumstances, it is safest to proceed with evidence investigation together with an attorney from the early stage.
Only when professional evidence investigation is combined with an attorney's legal assistance can unlawful evidence be excluded and legitimate rights be protected.
Daeryun LLC closely cooperates with an external security center equipped with its own security solutions to provide a one-stop service as follows.
-Detection of illegal wiretapping and spyware
-Digital forensics procedures
-Securing the evidentiary materials needed for legal response
-Subsequent security management and preventive consulting
If you require a one-stop response covering everything from evidence investigation to legal litigation response, please reach out to Daeryun LLC.
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.
