CONTENTS
- 1. Extortion | Definition
- - Elements of Extortion
- - Differences from Other Crimes
- 2. Extortion | Special Cases
- - Sentencing Levels for Extortion
- - Sentencing Guidelines for Extortion Offenses
- 3. Extortion | If You Are a Suspect?
- - Preparing for the Early Investigation Stage
- - Preparation for Future Proceedings and Leniency
- 4. Extortion | If You Are a Victim?
- - Securing Evidence
- 5. Extortion | Methods of Response
- - Responding to an Extortion Case
1. Extortion | Definition
Extortion is a crime of obtaining property or a pecuniary benefit by instilling fear in a person through assault or intimidation.
In simple terms, it refers to the act of extracting money or valuables from another by using intimidation or violence.
In the case of minors in particular, extortion may result in criminal punishment together with school violence, so greater caution is required.
Elements of Extortion
① Act of intimidation or threat
For extortion to be established, there must be intimidation or a threat sufficient to actually instill fear in the other party.
② Purpose of extracting a benefit or money and valuables
The act of intimidation or threat must not be merely to frighten, but must have a clear purpose of using it as a means to obtain money or an equivalent benefit.
③ Intent
Because extortion is an intentional crime, it must be proven that the intimidation or threat was made with the intent to obtain a benefit.
Differences from Other Crimes
Extortion is a crime of obtaining money or a pecuniary benefit through intimidation or threats, and it is easily confused with the similarly structured offenses of intimidation or robbery.
However, it is clearly distinguished by factors such as whether a pecuniary benefit is obtained and whether the other party acted voluntarily.
Difference From Intimidation
If a pecuniary benefit is obtained through an act of intimidation, extortion is established, and if no benefit is obtained, the offense constitutes intimidation.
Accordingly, whether a benefit is obtained serves as the key criterion distinguishing the two offenses.
Difference From Robbery
Extortion and robbery are both crimes of taking another person's property, but they differ in their means and degree.
If the victim, frightened by the intimidation, voluntarily hands over the property, extortion is established.
On the other hand, if the property is taken by force, robbery is established.
2. Extortion | Special Cases
Special Extortion
Habitual Extortion
Repeat-Offense Extortion
Joint Extortion
Sentencing Levels for Extortion
▶ Article 350 of the Criminal Act
Extortion | Imprisonment for up to 10 years or a fine of up to 20 million won |
▶ Article 350-2 of the Criminal Act
Special Extortion | Imprisonment for at least 1 year and up to 15 years |
▶ Article 351 of the Criminal Act
Habitual Offender | The sentence shall be aggravated by up to one half |
▶ Punishment of Violences Act
| Joint Extortion | Imprisonment for up to 15 years or a fine of up to 30 million won |
Sentencing Guidelines for Extortion Offenses
General Extortion
▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense
▷Where extortion was used as a means of exercising a right
▷Mental and physical weakness
▷ Voluntary surrender or reporting of internal wrongdoing
▷ No wish for punishment or substantial recovery of damage (including deposit with an official depository)
▷ Where there was a purpose such as basic livelihood or medical expenses
▷ Where the offender was unable to spend most of the criminal proceeds and did not retain them either
▷ Where participation was passive
▷ Sincere reflection
▷ No record of criminal punishment
Habitual Extortion, Special Extortion, Repeat-Offense Extortion
▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense
▷Where extortion was used as a means of exercising a right (limited to special extortion)▷ Where the degree of extortion is minor
▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense
▷Where extortion was used as a means of exercising a right▷ Where there was a purpose such as basic livelihood or medical expenses
▷ Where the offender was unable to spend most of the criminal proceeds and did not retain them either
▷ Where participation was passive
▷ Sincere reflection
▷ No record of criminal punishment
3. Extortion | If You Are a Suspect?
Extortion is a crime for which investigation while in detention may take place even for a first-time offender, depending on the gravity of the matter, the victim's statement, and the presence of evidence.
In particular, if no settlement has been reached with the victim, or if there are circumstances indicating repeated or organized conduct, the possibility of a request for a detention warrant to secure custody cannot be ruled out.
Because the content of the initial statement determines whether the allegation is established and the direction of the investigation, it is very important to sufficiently organize the facts and establish a response strategy before questioning.
Preparing for the Early Investigation Stage
During questioning, you should avoid unnecessary remarks or ambiguous expressions, and answer questions based on the facts.
Inconsistent statements may raise doubts about credibility, so caution is required when preparing a written statement.
In particular, in the early stage of an investigation, statements centered on specific facts are more important than 'emotional explanations' or 'remarks emphasizing a sense of injustice.'
Preparation for Future Proceedings and Leniency
When the facts of the offense are clear, it is generally advisable to seek leniency through an amicable settlement with the victim.
In addition, under the sentencing guidelines for extortion, efforts to remedy the harm and sincere reflection may work favorably toward a reduction of sentence.
On the other hand, if there are points in the alleged facts that differ from the truth or a false complaint is suspected, you should promptly prepare rebuttal materials and respond.
4. Extortion | If You Are a Victim?
If you have suffered harm from extortion, it is important to secure evidence immediately.
You should systematically preserve related materials such as text messages, call recordings, and witness statements, and report the matter to the police promptly.
After filing the report, you should convey the facts accurately and take care that your statements remain consistent throughout the investigation.
Item | Specific Content and Strategy |
Preparation of the initial statement | State in detail the specific facts related to the case, such as the date and time, location, means, and the appearance and characteristics of the perpetrator |
Clearly conveying the intent to seek punishment | In the criminal proceedings, clearly express the intent to seek strict punishment in the statement and victim opinion, and submit a petition if necessary |
Deciding whether to settle | When the suspect requests a settlement, review the scope of damages and the sincerity of the request; whether to accept the settlement may affect the reduction of sentence |
Securing Evidence
First, text messages and messenger conversations such as KakaoTalk in which the intimidation or extortionate acts took place should be saved as screenshots or backup files so that the date and time, sender, and recipient are clearly visible.
If there are videos or photographs recording the situation at the scene, it is important to preserve the originals without damage, and if objective materials such as CCTV footage can be secured, it is helpful to request or preserve them.
Along with this, records of monetary transactions or account deposits and withdrawals related to the case can also serve as strong evidence supporting the defense, so financial records should likewise be thoroughly secured.
5. Extortion | Methods of Response
An extortion case is a serious matter that brings significant financial and emotional harm to the victim and a heavy risk of criminal punishment to the suspect.
For the suspect, it is important to closely review the circumstances of the offense and the evidence and to establish a legal response strategy at an early stage.
If one recklessly denies the charges or responds inappropriately, the sentence may be increased, so caution is needed.
From the victim's standpoint, evidence of the intimidation or extortion of money should be thoroughly collected and legal measures should be taken promptly.
Because extortion is a composite offense in which intimidation and the demand for money or goods occur at the same time, even a small mistake in response can lead to significant disadvantage.
Responding to an Extortion Case
This firm has formed a criminal-defense task force together with attorneys registered with the Korean Bar Association as criminal-law practitioners to provide systematic and professional legal responses to extortion cases.
In particular, through its in-house Evidence Investigation Center and Digital Forensics Center, the firm collaborates with technical practitioners and precisely analyzes various types of evidence, including digital conversation records, call recordings, and video evidence, to quickly identify the core of the case.
If you are facing difficulties in responding to an extortion case, please feel free to request assistance through 🔗Criminal Attorney Legal Consultation Booking at any time.
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