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

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.

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.

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.

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.

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.