When you may need advice
- I logged into my ex's Instagram with an old password
- I unlocked my spouse's phone and took screenshots of their KakaoTalk messages, and I was sued
- I downloaded files from my company's cloud account even after I left
- I am accused of logging into someone else's game account and moving items
- My account was hijacked and messages asking for money were sent to my contacts
Relevant laws
Information and Communications Network Act (정보통신망법) Article 48(1) and Article 71(1), Item 11
Intruding into an information and communications network without legitimate access rights, or beyond the access rights granted, is punishable by up to 5 years in prison or a fine of up to KRW 50 million. Attempts are also punished (Article 71(2)).
Information and Communications Network Act Article 49 and Article 71(1), Item 14
Damaging another person's information processed, stored or transmitted through an information and communications network, or infringing, misusing or leaking another person's secrets, is punishable by up to 5 years in prison or a fine of up to KRW 50 million.
Criminal Act (형법) Article 347-2 (Fraud by Use of Computers, etc.)
Obtaining a financial benefit by entering or changing information without authorization is punishable by up to 20 years in prison or a fine of up to KRW 50 million (as amended on December 23, 2025).
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Knowing the password does not give you permission
Network intrusion is judged by whether you had access rights. Even if your partner once gave you their password, it is hard to say you had legitimate rights if you logged in without permission after you broke up.
The same goes for company accounts. Logging in with an ID that still worked after your rights ended when you left the company, or going beyond the scope of your duties even while still employed, exceeds the access rights you were given.
What you did after logging in can add charges
If you logged in and read and captured conversations, infringement of another person's secrets (Information and Communications Network Act Article 49) becomes an issue, and sending those screenshots to others raises leaking. If you unlocked a phone and looked at its records, breach of secrecy under Criminal Act Article 316(2) is also considered.
If you made payments with the account or moved items or points, it becomes computer fraud and the statutory penalty becomes much heavier. Investigators identify the number and timing of logins from IP addresses and log records, so avoid relying on memory and understating the number of times.
There is no exception for family members or partners
A typical case is opening a spouse's phone to look for evidence of an affair. Being married does not exempt you from punishment, and a complaint is sometimes filed after the screenshots obtained this way are submitted in a lawsuit.
If you are the victim whose account was hijacked, first save the login records and password change alerts, report it to the platform, and then prepare a complaint. Jisan Law organizes these records, drafts the criminal complaint and attends your interview as the complainant.
Factors that affect the outcome and sentence
Factors that work against you
- · Logging in many times over a long period
- · Spreading what you read to others
- · Obtaining a financial benefit, such as making payments or transfers
- · Using malware or phishing to obtain the password
Factors that work in your favor
- · Logging in once or twice with a password you were given in the past
- · Not saving or spreading what you saw
- · Settling with the victim and making up for the harm
- · No prior record
How our Criminal Law Center handles your case
- 1
Clarify how you logged in
In the consultation, we set out how you came to know the password, when and how many times you logged in, and what you saw.
- 2
Search, seizure and forensics response
We attend the search and seizure of your phone or computer and apply to take part in the forensic examination so that data outside the warrant's scope is not used.
- 3
Attend questioning
We attend questioning in which investigators present the log records, and object on the spot if the facts are being recorded inaccurately.
- 4
Legal opinion and compensation
We set out in a written opinion any dispute over access rights, the circumstances and your efforts to make up for the harm.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I only logged in and did not look at anything.
Network intrusion can be established by logging in itself, and attempts are also punished. However, the fact that nothing was viewed or leaked is reflected in the outcome and sentence, so the login times and activity records should be checked together.
My husband's KakaoTalk was logged in on a tablet we share.
Even on a device that was left logged in, opening and capturing conversations can raise an issue of infringing secrets. How you came to share the device and whether viewing was normally allowed affect the decision.
My account was hijacked. Where do I report it?
First change your password and report the hijacking to the platform, then you can file a criminal complaint with the police or make a cybercrime report. Capturing login alerts, unusual payment records and the messages your contacts received will help the investigation.