
Legal Q&A
Q
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During a conversation with an acquaintance, we got into an argument, and because they made threatening remarks, I secretly recorded it with my smartphone. Afterward, seeing the acquaintance apologize, our relationship recovered, so I had deleted that recording evidence material. Recently, our relationship has worsened further due to a money problem, and the threats are continuing again. Can the recording file I previously deleted be recovered through digital forensics?
Recording evidence
Answer
Published:
Author : ChanWoo JEONG
A deleted recording file, too, may largely be recoverable through digital forensics techniques.
This is because, even after a file is deleted, residual data remains in the smartphone's storage device for a certain period.
Based on this data, a deleted file can be partially or fully restored.
However, recovering a deleted file is a task that requires a high level of technology.
Accordingly, you must entrust precise analysis and recovery work to a specialized digital forensics institution or an appraisal company.
Alternatively, if you are considering a criminal complaint later with the recovered recording evidence, entrusting it to a law firm that has a digital forensics expert is also a good method.
However, the recovered recording evidence must be secured through a lawful procedure.
In addition, it can have legal effect only when the integrity and the time of creation, and the like, are proven through an analysis report.
Therefore, please keep in mind that it is best to proceed with the help of an expert, and it is important to preserve and hand it over in its initial state if possible.
If the file is properly recovered, it can be used as valid recording evidence in court later.
For an accurate diagnosis and a prompt response, we recommend that you request a consultation with a forensics expert and an attorney.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

EunYoung Kim
T. 070-5117-2950
Experience as a Prosecutor at the Seoul Southern District Prosecutors' Office · Attorney Specializing in Sex Crimes/School Violence/Criminal Law
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