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I want to report an offense of extortion and intimidation. How should I go about it?

A person I happened to meet a few years ago recently contacted me again, demanding money and making threats. He not only threatens me verbally but also pressures me by saying that, if I do not give him money, he will contact and visit the people around me. In a case like this, can I report an offense of extortion and intimidation? I would like to know how best to respond legally and how to minimize the harm during the complaint process.

extortion and intimidation

Answer to Related Inquiry

Author: 정찬우

There is no separate offense of extortion and intimidation as such in law.

Extortion and intimidation are distinguished as separate, independent offenses.

As in the situation you describe, if a threat or intimidation was carried out in order to obtain a financial benefit, extortion may apply, and the act of intimidation by itself may also constitute intimidation.

Extortion applies where a person is intimidated into handing over property or where a pecuniary benefit is obtained, and under Article 350 of the Criminal Act it is punishable by imprisonment for not more than 10 years or a fine not exceeding 20 million won.

The important legal standard here is that the threat in extortion must be the communication of a harm serious enough to instill fear, going beyond mere rudeness or displeasure, to the extent of restricting a person's freedom of decision-making or impeding the freedom to act on that decision.

This is one of the elements of extortion clearly recognized through Supreme Court precedent.

Intimidation, on the other hand, is established where one communicates an intention to inflict harm on the other party, thereby causing psychological pressure or fear.

Under Article 283 of the Criminal Act, it is punishable by imprisonment for not more than three years, a fine not exceeding 5 million won, misdemeanor imprisonment, or a minor fine.

Therefore, if you have received such threats or intimidation, it is important to report the matter to the police promptly and to secure as much related evidence as possible, such as text messages, call records, recordings, video, and witness statements.

In addition, in case the person continues to visit, strengthening personal protection through security services can also help prevent harm.

For legal response and personal protection, we recommend requesting a consultation with a law firm that has ample experience in such extortion and intimidation cases and that also provides security services.