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Q
I have a question about the crime of extortion and intimidation involving the harassment of a minor.
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There was a person I was chatting with on an open chat, and while we were talking fine, they suddenly claimed I had harassed a minor and forcibly took screenshots of only the parts favorable to them, saying they would file a complaint and demanding 200 as a settlement. I am wondering whether this constitutes the crime of extortion and intimidation and what the level of punishment for the crime of extortion and intimidation is. Also, is it possible to restore the deleted chat portions?
Crime of extortion and intimidation
Answer to Related Inquiry
Author: 박동일
Hello. This is Daeryun Law LLC.
In the situation you describe, if the other party continuously demands money and continues to make threatening remarks, it appears that the crime of extortion and intimidation may be established.
Extortion is punishable by imprisonment for up to 10 years or a fine of up to 20 million won, while intimidation is punishable by imprisonment for up to 3 years, a fine of up to 5 million won, detention, or a minor fine.
And if the conduct continued for a long period and was repetitive, you should be aware that the sentence may become even higher. First, what should be prioritized is objectively and legally determining whether your situation fits the criteria for establishing the crime of extortion and intimidation or attempted extortion.
Since the issue is proving the seriousness and persistence of the other party's remarks, you can prove the content of the conversation through the chat history, so it is advisable to organize it.
In addition, whether restoration is possible cannot be determined from your question alone, but if you used a platform such as KakaoTalk, deleted content can also be recovered.
If you wish to find, organize, and report evidence as quickly as possible, we recommend that you seek out defense counsel who conducts lawful evidence collection using digital forensics.
Also, since mere verbal assertions are of no help in making your case, if you wish to respond reasonably from the time of the investigation, we recommend that you proceed together with defense counsel.
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