Minor case and major truth | deliberately buying expired food to blackmail merchants, and was sentenced
By: Date: 2022-07-25 Categories: chinesefood Tags: ,
Li and other four people deliberately bought expired food in many Township supermarkets, and then asked the merchants to bear the relevant costs on the grounds of physical discomfort. Recently, the Miyun Court concluded the case of extortion and sentenced the defendant Li and other four people to fixed-term imprisonment of two years and ten months to eight months, suspended for one year and fined.
 
Brief introduction to the case
 
After premeditated, the man Li and his friends Wang, Zhang and Guo deliberately bought expired biscuits, orange juice drinks and other foods in many Township supermarkets in Miyun District, and then returned to the store to say that the food and drinks purchased were expired. After the child was sick, he needed to go to a hospital in downtown Beijing for medical treatment. He asked the business to bear tens of thousands of yuan of travel and medical expenses, otherwise he would report to the food and drug department or make trouble at the door of the business. In the process of law enforcement, the relevant administrative departments found that the four people often used this means to ask for property from different businesses, so they transferred the clues to the public security organ.
 
The court found that from June to November 2020, the defendants Li, Wang, Zhang and Qi (who did not appear in the case) extorted cash and cigarettes from eight supermarket operators on the grounds of expired food and beverages. Among them, Mr. Li participated in 8 cases, worth 39320 yuan; Wang participated in six crimes, worth 35960 yuan; Zhang was involved in four crimes, worth 33500 yuan. On November 8th, 2020, Mr. Li, Mr. Wang, Mr. Zhang and Mr. Qi (not present) failed to extort 20000 yuan from a supermarket. On November 17, 2020, Li and Li Yao (not involved in the case) extorted 8000 yuan from supermarket operators. From July 2020 to September 2020, Li and Guo demanded 7000 yuan in cash from the driver Wang and 1500 yuan in cash from the driver Zhang, respectively, in a residential area and near the countryside in Miyun District, Beijing, by means of deliberately colliding with other vehicles to create violations.
 
Referee result
 
The court held that the defendants Li, Wang, Zhang and Guo extorted citizens’ property by means of coercion for the purpose of illegal possession. The amount is large, and their acts have constituted the crime of extortion, which should be punished. The defendant Wang, who was sentenced to fixed-term imprisonment for intentional crime, committed the crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the sentence. He was a recidivist and was severely punished according to law.
 
In view of the defendant Li’s voluntary confession in court, the defendants Wang, Zhang and Guo truthfully confessed their crimes and pleaded guilty to punishment after arriving at the case, and the defendant Zhang’s family has compensated the victim for all economic losses on behalf of him, the victim expressed understanding to Zhang, and the defendants Zhang and Guo both showed repentance, so the four defendants were given a lighter punishment according to law, and the defendants Zhang and Guo were suspended.
 
Accordingly, according to the fact that the defendants Li, Wang, Zhang and Guo committed the crime, the nature of the crime, the plot, the degree of harm to society and the role they played in the joint crime, the defendant Li was sentenced to two years and ten months’ imprisonment and fined 30000 yuan for the crime of extortion; The defendant Wang was sentenced to two years and ten months in prison and fined 30000 yuan; The defendant Zhang was sentenced to one year in prison, suspended for one year, and fined 10000 yuan; The defendant Guo was sentenced to eight months’ imprisonment, suspended for one year, and fined 10000 yuan. Continue to recover the illegal gains of the relevant defendants and return them to the victims. Now the above judgment has taken effect.
 
The judge said
 
The crime of extortion refers to the act of forcibly demanding a large amount of public and private property by threatening or threatening the victim for the purpose of illegal possession.”Large amount” takes 3000 yuan as the starting point, and the later amendment to the criminal law adds the constitutive requirement of”multiple extortion”, that is, the behavior of extorting property for more than three times, although the amount of extortion is not large, should be recognized as constituting the crime of extortion.
 
In this case, the behavior of Li and others reached the standard of sufficient crime both in terms of the amount of crime and the number of crimes. Selling expired food involves administrative violations, and it is the right of citizens to make a normal report. However, taking this as a threat, fabricating the fact of their own damage and demanding property, which meets the standard of”many times” or”large amount”, constitutes a criminal crime.
 
It is worth noting that in the process of recovering legal debts, the use of threatening words and actions is not punished as the crime of extortion.