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Q

My ex-boyfriend is demanding money. Can he be punished for extortion?

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I'm a business owner running an online hat brand shopping mall. We recently acquired a competitor and now own multiple domestic hat brands. According to legal advice, this might violate the Monopoly Regulation and Fair Trade Act. But I don't know how to judge what counts as monopoly. Could you explain this?

extortion punishment

A

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Hello. This is Daeryun Law Firm (LLC).

The situation you mentioned is highly likely to fall under extortion punishment.

Extortion is established when a person threatens someone to gain property benefits or to make a third party gain them, and may face imprisonment of up to 10 years or a fine of up to 20 million won under Article 350 of the Criminal Act.

If the other party demanded money while threatening you using photos, this can be seen as subject to criminal punishment beyond a simple emotional dispute.

In particular, if threatening expressions were continuously used or money was repeatedly demanded, the likelihood of recognizing extortion is even higher.

Case law has also shown that actual imprisonment was sentenced for cases of intimidating speech that created fear in the other party and extorted money.

As such, the level of extortion punishment may vary depending on the seriousness of the case, the victim's response, and the scale of money demanded, and in some cases may also be punished as attempted extortion.

Securing evidence is also important. You should organize materials that can prove the circumstances of intimidation, such as text messages, KakaoTalk messages, and call recordings sent by the other party, and consult with a legal expert as quickly as possible.

Since cases related to extortion punishment require accurate legal judgment and response strategy in the early stages, we recommend promptly receiving help from a criminal specialist attorney.

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