Case Type: Criminal

Result: Successful Settlement

Case Details:

Many people assume that once a settlement is reached in a criminal case, the matter automatically comes to an end. However, in actual legal practice, simply paying settlement money and obtaining a letter of non-punishment does not always fully resolve the issue. In cases where investigative authorities may continue the investigation regardless of settlement, the structure and wording of the agreement itself can become critically important.

In this case, the client had been reported to the police through a 112 emergency call following an emotional dispute with another party and was facing allegations of criminal intimidation. Under Korean law, intimidation is categorized as an offense punishable only upon the victim’s complaint withdrawal, meaning the victim’s intention not to seek punishment can significantly affect the outcome. Nevertheless, depending on the circumstances, a simple settlement may not be sufficient to eliminate all legal risks.

The client was particularly concerned about the possibility of acquiring a criminal record and the potential impact that ongoing criminal proceedings could have on employment and social life.

Why the Case Required More Than a Standard Settlement

In this matter, we determined that a conventional settlement focused solely on obtaining a non-punishment statement might not be enough. Accordingly, the approach involved not only confirming the victim’s intention not to pursue punishment, but also carefully coordinating how future statements and factual explanations would be presented during the investigation process.

The settlement terms were drafted after closely reviewing issues such as potential additional claims of harm, anticipated statements to investigative authorities, wording regarding the background of the incident, and measures intended to prevent future disputes.

In criminal matters, even subtle differences in settlement wording can influence how investigative authorities assess the case. For that reason, the drafting and revision process required particularly careful attention.

A Two-Week Negotiation and Coordination Process

The settlement was not completed immediately. Multiple revisions were necessary while adjusting differences in position between the parties, including the scope of settlement conditions and the tone of specific expressions within the agreement.

Special attention was given to whether the language could minimize the risk of escalation, avoid unnecessary misunderstandings, and reduce the possibility of future disputes. The amount and structure of the settlement were also negotiated according to the circumstances of the case.

In Criminal Cases, Settlement Is Not Only About Money

In practice, the most important factor is often not the amount paid, but rather how the settlement is structured, how the agreement is written, how it aligns with the victim’s statements, and what aspects investigative authorities are likely to focus on within the overall case structure.

Even in similar intimidation cases, the direction of the response strategy can significantly affect the eventual outcome. Therefore, simply submitting a non-punishment letter is not always sufficient.

Early Strategic Response Can Be Critical

The burden of a criminal case can vary greatly depending on how the matter is approached from the beginning. This is particularly true in cases involving intimidation, assault, defamation, insult, stalking, or criminal complaints arising from financial or property disputes, where emotional conflict and settlement issues are often deeply intertwined.

In some situations, a broader strategy that considers the overall procedural direction—not merely a basic settlement—may be necessary.

Conclusion

A criminal settlement is often more than a simple financial resolution. Where there are concerns regarding ongoing investigations, future records, or reputational consequences, it can be important to review not only the facts and evidence, but also the structure and wording of the settlement itself.

If you are currently facing a criminal complaint or intimidation-related issue and are uncertain about how to proceed, it may be beneficial to carefully examine the overall structure of the case before determining the appropriate response strategy.

Case Inquiry: Attorney Kim Minhoo