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Deals & Cases

Extortion

Chuncheon Attorney | Chuncheon Criminal Attorney Assists Client in Attempted Extortion Case and Obtains a Suspended Sentence

The client approached the victim demanding money on the pretext of reporting the victim's drunk driving, but the attempt failed, and the client came to face trial for attempted extortion and sought out the attorney.

CONTENTS
  • 1. Chuncheon Attorney | Background of the Case
    • - Chuncheon Attorney | The Client Who Discovered a Drunk Driving Vehicle
    • - Chuncheon Attorney | Reported for Attempted Extortion
    • - Chuncheon Attorney | Statutes Related to Extortion
  • 2. Chuncheon Attorney | Content of the Defense
    • - Chuncheon Attorney | The Fact That It Ended in an Attempt
    • - Chuncheon Attorney | Not a Planned Crime
    • - Chuncheon Attorney | The Client's Remorse
  • 3. Chuncheon Attorney | Result of the Case

1. Chuncheon Attorney | Background of the Case

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The client came across the victim while returning home from work.

At the time, the victim had called a designated driver after drinking and arrived at the parking lot, then immediately got into the driver's seat and was parking the car.

Chuncheon Attorney | The Client Who Discovered a Drunk Driving Vehicle

The client approached the victim immediately upon witnessing this.

The client demanded 5 million won, saying that the client would not report the drunk driving that had just occurred, but the victim ignored this and walked past the client.

The client then sent a text message to the number on the front of the victim's vehicle and demanded money on two occasions, engaging in extortionate conduct.

However, the victim did not respond, so the client did not receive any money, and the extortionate conduct ended in an attempt.

Chuncheon Attorney | Reported for Attempted Extortion

Four days after that day, the client received a call from the police and learned of having been reported for attempted extortion.

The client explained that they had contacted the victim again and conveyed apologies on several occasions, but these were not accepted, and the client ultimately came to be investigated on the charge of attempted extortion.

The client, fearing that the client might be punished for extortion as a result of an impulsive act, earnestly asked the attorney to help the client avoid an actual custodial sentence at the very least.

Chuncheon Attorney | Statutes Related to Extortion

The statutes on extortion reviewed by the attorney are as follows.

Article 350 of the Criminal Act (Extortion)

A person who obtains the delivery of property or acquires pecuniary advantage by extorting another shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won. An attempt to commit this crime shall be punished.

The elements of the crime of extortion are as follows.

1. Whether there was an act of intimidation sufficient to make the other party feel fear of danger

2. Whether any pecuniary advantage was acquired through the intimidation

3. Whether there was intent

Extortion is committed when all three elements are satisfied.

The attorney explained that if the client had threatened the victim and taken money, this would also fall under the crime of intimidation under the Criminal Act.

Article 283 of the Criminal Act (Intimidation, Intimidation of Lineal Ascendant)

A person who intimidates another shall be punished by imprisonment for not more than 3 years, a fine not exceeding 5 million won, detention, or a minor fine.

The attorney explained that, because intimidation is a crime not punishable against the victim's will, a public prosecution cannot be instituted contrary to the victim's expressed intent.

In other words, if matters are resolved with the victim, the offense is not pursued.

2. Chuncheon Attorney | Content of the Defense

The attorney focused on the point that the client's extortion ended in an attempt.

The attorney also argued that the client, after witnessing the victim's drunk driving, impulsively demanded money, and that the subsequent two contacts with the victim demanding money were all ignored and failed.

Chuncheon Attorney | The Fact That It Ended in an Attempt

The client witnessed the victim's drunk driving in an underground parking lot.

As soon as the drunk driving ended, the client approached the victim and confirmed the fact of the drunk driving.

When the victim denied it, the client impulsively demanded money in exchange for pretending not to have seen what had just happened.

However, the attorney argued that the sum demanded from the victim was a small amount of about 5 million won, that the victim ignored it and walked past, that this did not amount to an act of intimidation, and that it therefore did not satisfy the elements of the crime of extortion.

The attorney also argued that the two text messages were likewise ignored, so that ultimately no money was obtained and the conduct ended in an attempt.

Chuncheon Attorney | Not a Planned Crime

The client argued that this was not a planned crime.

On the way home from work, the client witnessed the victim, who had driven while intoxicated in the underground parking lot, and impulsively demanded money.

The attorney argued that it was realistically impossible for the client to have anticipated and planned in advance that the victim would drive while intoxicated, waited in the underground parking lot, then approached the victim and demanded money.

Chuncheon Attorney | The Client's Remorse

After being reported for extortion, the client tried, albeit belatedly, to apologize to the victim and reach a settlement, but failed.

The attorney argued, however, that the client had continued to attempt contact in order to apologize and had delivered letters of apology to the victim more than 10 times, conveying genuine regret.

3. Chuncheon Attorney | Result of the Case

The client was ultimately tried for the crime of attempted extortion but, with the assistance of the attorney, was able to receive a suspended sentence.

The court accepted all of the attorney's arguments and issued a judgment of a suspended sentence.

In doing so, the court explained as grounds for sentencing mitigation: "Although the nature of the offense is poor in light of the circumstances of the crime, the defendant continuously expressed apologies to the victim, the crime ended in an attempt, and there is no prior record of the same kind of offense."

After the case, the client said to the attorney,

"I am spending more than enough time in remorse and self-reproach over impulsively demanding money from the victim. I am relieved that, with your help, the matter could ultimately be resolved well with a suspended sentence."

If you come to be investigated for the crime of extortion or intimidation, as in this case, 🔗a Chuncheon attorney can be consulted regarding the criminal matter.

춘천변호사 | 춘천형사변호사, 공갈미수 의뢰인 도와 집행유예 판결 받아

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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