Saturday, August 6, 2016

The Reversal of Park Yuchun’s Scandal, the Imprisonment of the First Accuser and the Blackmailing Accomplice

[OSEN=Sohn Nam Won and Park Pan Suk reporters]

A (female) and her cousin B who committed false accusation and blackmailing against Hallyu star Park Yuchun have been imprisoned by the police.

Gangnam Police in Seoul applied for the arrest warrant against A and B with the suspicion of extorting a large sum of money after falsely reporting a sexual assault by Park Yuchun. The court issued the warrant with “acknowledging the demonstration of the facts of crimes and fearing the destruction of evidences and flight by the suspects” on the 5th. Therefore, the falsified blackmailing by the first accuser, which had caused hurling all sorts of malicious rumors against Park Yuchun, was finally brought to the trial by the strict justice.

Gangnam Police explained to OSEN the day before, that they had “first applied for the arrest warrant against A who filed the report against Park Yuchun for false accusation and attempted extortion, against her boyfriend and her cousin for attempted extortion” and that they were “determined to apply for the warrant by the judgement that their crimes were not light, but heavy“. It was known that the court didn’t issue an arrest warrant against A’s boyfriend.

A filed the report against Park Yuchun for the allegation of sexual assault on the 13th of June. Although the blackmail and extortion against the top Hallyu star were strongly suspected at that time, the malicious rumors ridiculously poured by some tabloids and spread throughout the internet as though facts have seriously damaged Park Yuchun’s image.
In these circumstances, Park Yuchun’s side has filed a report for false accusation and extortion against the first accuser, A.

[Photo] OSEN DB

T/N: The news uses both terms “blackmail” and “extortion” in quite a confusing way (as many other news do). But the official term for their crime is “extortion”. To know more about the difference between blackmail vs. extortion.

In other news by Hankookilbo, there is an important part that we think we should translate:
The Chief Judge Cho Eui Yeon at Seoul Central District Court, who is in charge of issuing the warrant and conducted the suspect interrogation before detention to determine a warrant’s validity the day before, issued the warrant “due to the facts that the nature of the crimes was demonstrated and there was a fear for the destruction of evidences and flight.” But, the warrant was rejected for A’s boyfriend who was also under the suspicion of attempted extortion.

The police applied for the warrant on the 1st because “the seriousness of the crimes of false accusation and extortion committed by A and her accomplices was grave and the possibility of evidences’ destruction by statements’ collusion among them was large.”
Just to clarify: Arrest warrant against A’s boyfriend was not accepted by the court, but that does not mean that he is innocent. His case has been transferred to the prosecution office and he is likely to also be indicted next week.

Trans by: uttunfan via 6002SKY

[IMPORTANT NOTE] The above news in particular and Korean media in general report about this in a very confusing way: (One of) the crime(s) applied to A, the mob Hwang (her so-called cousin), and her boyfriend is attempted EXTORTION (and not blackmail).

Refer to the above site for the Korean laws in English.
This site is run by KOREA LEGISLATION RESEARCH INSTITUTE, a government funded research institute.

■ EXTORTION is a more serious crime than Intimidation (the term used by this site instead of blackmail)


◇ Article 350 (Extortion)
(1) A person who, by extortion, causes another to surrender his property or obtains pecuniary advantage from the latter, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won. <Amended by Act No. 5057, Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to obtain a surrender of such person’s property or to obtain pecuniary advantage from the latter.

◇ Article 352 (Attempts)
Attempts to commit any crime of Articles 347 through 348-2, 350 and 351 shall be punished.
[This Article Wholly Amended by Act No. 5057, Dec. 29, 1995]


◇ Article 283 (Intimidation, Intimidation on Lineal Ascendant)
(1) A person who intimidates another shall be punished by imprisonment for not more than three years, a fine of not more than five million won, detention or a minor fine. <Amended by Act No. 5057, Dec. 29, 1995>

(2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of one’s spouse, the offender shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won. <Amended by Act No. 5057, Dec. 29, 1995>

(3) The crime as referred to in paragraphs (1) and (2) shall not be prosecuted over the express objection of the victim. <Amended by Act No. 5057, Dec. 29, 1995

Article 286 (Attempts)
Attempts to commit any crime of the preceding three Articles shall be punished.

credit: 6002sky

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