Extortion and Intimidation Complaint | Representing the Client in Filing a Complaint, the Defendant Received a Fine

Intimidation is committed when a person warns of inflicting harm on another with the intent to instill fear.

Intimidation is punishable by imprisonment for up to three years, a fine of up to five million won, detention, or a minor fine.

🔗Extortion is punishable when a person extorts another to obtain property or a pecuniary benefit, and it is punishable by imprisonment for up to ten years or a fine of up to twenty million won.

The difference between extortion and intimidation depends on whether the act was carried out simply to infringe on the other party's freedom of decision-making or freedom of action (intimidation), or to obtain property or a pecuniary benefit (extortion).

In the case of extortion, an attempt may also be punished, and if habitual conduct is recognized, the sentence may be increased by up to one half.

In addition, if the offense is committed by displaying the collective force of a group or a crowd, or while carrying a dangerous object, the charge of special extortion applies and a heavier punishment may be imposed.

The Supreme Court has held that 'the intimidation that serves as the means of extortion refers to communicating harm sufficient to instill fear to the degree of restricting a person's freedom of decision-making or obstructing the freedom to act on that decision,' ruling that it means communicating harm sufficient to make the other party afraid.

The client's attorney showed that the accused had repeatedly sent the complainant text messages demanding money while threatening to report the client to the client's company.

The accused also said, 'I have nothing to lose, but you, who are about to be promoted, have a lot to lose, do you not?' threatening that the client would suffer disadvantages within the company, and repeatedly demanded money.

Through these threatening messages, the client's attorney argued that the accused had communicated sufficient harm to the client.

The attorney also argued that the charge of attempted extortion should apply to the accused, who continued to extort the victim to obtain property even after receiving the money.

The client not only suffered financial harm from this extortion and intimidation, but is also experiencing severe mental suffering.

The client's attorney emphasized that, to this day, the client and the client's wife are receiving treatment at a psychiatric clinic and taking medication, and requested a severe punishment.