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Q

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

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My ex-boyfriend is demanding money by using photographs we exchanged in the past. At first I let it pass as if it were a joke, but the amount kept growing and his tone became threatening...;;; He says that if I do not keep sending money he will distribute the photographs, so I am wondering whether extortion punishment is possible in this case. I would also like to know how severe the extortion punishment would actually be.

extortion punishment

A

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Hello. This is Daeryun LLC.

The situation you described is highly likely to constitute a case of extortion subject to punishment.

The crime of extortion is established when a person threatens another to obtain a pecuniary benefit or to have a third party obtain it, and it is punishable under Article 350 of the Criminal Act by imprisonment of up to ten years or a fine of up to 20 million won.

If the other party demanded money while threatening you using photographs, this can be seen as going beyond a mere emotional dispute and as conduct subject to criminal punishment.

In particular, if threatening expressions were used continuously or money was demanded repeatedly, the likelihood that extortion will be recognized is even higher.

Court precedents have also imposed actual prison sentences in cases where threatening remarks instilled fear in the other party and money was extorted.

As such, the level of punishment for extortion may vary depending on the seriousness of the case, how the victim responds, and the scale of the monetary demand, and in some cases the offender may also be punished for attempted extortion.

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

In extortion cases, an accurate legal assessment and response strategy at the early stage are very important, so it is advisable to obtain the assistance of a criminal defense attorney promptly.

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