Daegu Law Office | Recovery of Approximately 11,000 Messages as Stalking Evidence Through Forensics

The client first met the offender through an online game.

The two became close while playing the game together.

They later met offline and developed into a romantic relationship, including sexual relations.

The client, however, felt burdened by the offender's continued requests for marriage and persistent overtures of affection, and was the first to ask to break up.

The offender did not accept this and instead became obsessive, continuing to demand that they keep meeting.

The offender even harassed the client by repeatedly accessing the client's online game account and triggering notifications.

In the end, the client disclosed that he was a married person and asked the other party to stop contacting him,

After learning that he was married, the other party filed a criminal complaint against the client for fraud, claiming that the client had intentionally deceived her and extorted money and goods (such as dating expenses).

She also continued to send messages demanding money under the pretext of a settlement payment.

Fearing that she might be divorced if her husband learned of the matter, the client had deleted all of the messages received from the victim, but she came to the Daegu law office wishing to file a criminal complaint regarding the perpetrator's excessive stalking.

She also asked that all of the evidence be recovered through digital forensics.

In response, the Daegu attorneys worked together with the Daeryun Law Firm 🔗Examination of Evidence Center to recover the deleted SNS messages and the game application messages.

As a result of the forensic work, approximately 11,000 messages were all recovered.

The complainant claimed that the client had concealed the fact that he was married, dated the complainant, and that all of the dating expenses incurred during the relationship amounted to extortion of money and goods.

This may raise the following questions.

To state the conclusion first, if intent is recognized, fraud may be established.

🔗Fraud under the pretext of marriage refers to deceiving the other party and, under the pretext of marriage, fraudulently obtaining money or otherwise causing financial harm.

Although this is not a crime defined as such by statute, it may constitute the crime of fraud if there is deception under the pretext of marriage, followed by the transfer of financial benefit or property, together with intent.

This case, however, was different.

The complainant had continually demanded marriage from the client and urged a serious relationship, but after learning that the client was married, the complainant engaged in repeated stalking, filed a complaint alleging fraud, and demanded a settlement payment.

In other words, the client argued that the client had not demanded marriage and that there had been no act of demanding or extorting money or goods on that pretext.

The client stated that, on the contrary, the complainant had been raising allegations of fraud against the client and threatening the client in order to obtain money and goods under the guise of a settlement payment.

🔗The Act on Punishment of Crime of Stalking is a statute that punishes the following acts.

The key element is that the above stalking acts are carried out continuously or repeatedly.

A person who commits the above crime may be subject to imprisonment for up to 3 years or a fine of up to 30 million won.