Suspicion of attempted blackmail and blackmail of local reporters... Criminal lawyer leads to acquittal

On October 17, the Changwon District Court Jinju Branch Criminal Division 1 found not guilty on charges of attempted extortion and extortion against local newspaper reporter A (50), who was indicted on charges of attempted extortion and extortion.

The prosecutor indicted defendant A on charges of attempted extortion and extortion, saying that while working as a reporter for a local newspaper, he published articles criticizing local businesses and blackmailed them into ordering advertisements and received money in the name of advertising fees.

Regarding the attempted extortion case, a witness who appeared in the prosecutor's court reportedly stated, "I have never heard from the victim that the defendant threatened or blackmailed him." Witnesses who were victims of blackmail also testified to the effect that there was no threat, saying, "There was no threat, and there was no mention of publishing a critical article."

Jaeguk Shim (Daeryun Law Firm), a criminal lawyer who was appointed as the defendant's lawyer at the time, argued in his defense that "in order for threats to constitute a crime of extortion to be recognized, there must be notice of harm that would limit a person's freedom of decision-making or frighten him to the extent of interfering with his freedom of decision execution." He added, "It should not be acknowledged that the act of reporting on the illegal activities of a company run by a victim of blackmail and requesting that it place an advertisement constitutes an act of extortion."

In addition, it cited the Supreme Court ruling that the mere fact that it reported critical articles and editorials regarding the defendant's charges and requested advertisements cannot be considered as a means of threatening the other party as a means of extortion.

In addition, regarding the charge of attempted extortion, he argued that "the defendant, a reporter for a local newspaper, receives advertising orders as part of his job," and that "it is a proper part of the defendant's job as a newspaper reporter to report illegal activities of companies and write articles about the irrationality of the county office."

Accordingly, the court declared the defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there was no proof of a crime in the indictment.

Online News Team Reporter onnews@dt.co.kr

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