A retired office official in Bozhou City, Anhui Province was involved in a sex incident, and was extorted three times by the boyfriend of the woman involved.Worried that the publicity of the affair would affect his reputation, the official transferred a total of 480,000 yuan to the above-mentioned man twice as required.When he was blackmailed for 520,000 yuan for the third time, the retired department official chose to report the case to the Bozhou Public Security Bureau.The above-mentioned man was sentenced to ten years in prison for extortion.
Recently, Li Jianhua's second-instance criminal ruling on extortion and extortion published by China Judgment Documents Network disclosed the above-mentioned case.
Li Jianhua's second-instance criminal ruling for extortion shows that the appellant (defendant in the original trial) Li Jianhua, male, Han nationality, born in October 1962, from Qiaocheng District, Bozhou City, junior high school education, businessman.On October 18, 2017, he was criminally detained by the Bozhou Public Security Bureau on suspicion of extortion. On November 23 of the same year, he was arrested by the Bozhou People's Procuratorate and executed on the same day.
The People's Court of Qiaocheng District, Bozhou City found in the first instance that defendant Li Jianhua and Wang Mou 1 were in an illegitimate cohabitation relationship and had a son.The victim Xu 1 is the former deputy director of the Standing Committee of the Bozhou Municipal People's Congress, the former chairman of the Jiusan Society, a representative of the 10th and 11th National People's Congress, and retired in 2013.
Around 2011, Xu 1 and Wang 1 got acquainted through drifting bottles on the Internet, and then had sexual relations many times.In January 2017, the relationship between Xu 1 and Wang 1 was discovered by Li Jianhua.From January 12, 2017 to October 11, 2017, Li Jianhua sent text messages to threaten and insult Xu 1 many times, claiming to disclose the relationship between the two and report to the Commission for Discipline Inspection to vent his emotions and ask for money.
On January 21, 2017, Li Jianhua and Xu 1 met in Zhang 1's office. Li Jianhua asked Xu 1 to give 280,000 yuan as compensation to Wang 1.Fearing that the disclosure of the matter would be detrimental to his reputation, Xu 1 transferred 280,000 yuan through Zhang's account to Wang 1's account provided by Li Jianhua on January 24, 2017.
Later, Li Jianhua sent text messages to abuse and threaten Xu 1 many times, and through Zhang, told Xu 1 to take out another 200,000 yuan as the cost of the matter and compensation to him, Wang 1 and their sons.On February 20, 2017, Xu 1 again transferred 200,000 yuan through Zhang's account to Li Jianhua's account for the same reason, and the above two sums of money were used by Li Jianhua to pay for his personal company operations.
On September 18, 2017, Li Jianhua asked Xu 1 to donate 520,000 yuan to the rescue target designated by the Red Cross Society of Bozhou City on the grounds of disclosing the improper relationship between Xu 1 and Wang 1.1 Report the case to the Bozhou Public Security Bureau.
The court of first instance held that the defendant Li Jianhua extorted other people's property, the amount was particularly huge, and his behavior constituted the crime of extortion.On April 4, 2018, the People's Court of Qiaocheng District, Bozhou City made a first-instance judgment and found the defendant Li Jianhua guilty of extortion and sentenced him to 10 years in prison and a fine of RMB 10,000; the illegal gains will be recovered. After the verdict was pronounced in the first instance, Li Jianhua refused to accept it and appealed.
The above-mentioned public criminal ruling also shows that Li Jianhua appealed that the first sum of 280,000 yuan was proposed by Xu 1, and the second 200,000 yuan was proposed by the intermediary Zhang, who had no subjective intention of extortion;There was no illegal possession of 480,000 yuan, and it did not constitute a crime.Its defenders advanced essentially the same defense.
The court of second instance held that, for the purpose of illegal possession, the appellant Li Jianhua used threats and blackmail methods to force the victim to hand over property to him, the amount was particularly huge, and his behavior constituted the crime of extortion.Li Jianhua extorted 520,000 yuan from Xu 1 for the third time, but failed because Xu 1 called the police, which constituted an attempted crime and could be given a lighter punishment in comparison with an accomplished crime.
With regard to Li Jianhua's grounds for appeal and the defense opinions of his defenders, after investigation, Li Jianhua clearly confessed during the investigation stage: the purpose of threatening Xu 1 was to cause Xu 1 not only to suffer mentally, but also to suffer economically.There was an intention to extort other people's property from the beginning; Zhang's testimony and Xu's statement all proved that the first 280,000 yuan was proposed by Li Jianhua, and even though it was originally proposed by Xu 1, there was a process of bargaining between the two parties, and the amount of 280,000 yuanIn the end, it was still determined and agreed by Li Jianhua, so Li Jianhua did not accept it passively, but had an act of blackmail.
In addition, Li Jianhua's statement, Zhang's testimony, and Xu's 1 statement corroborate each other, and can prove that the second 200,000 yuan was indeed proposed by Li Jianhua;Qualification of its behavior.In summary, Li Jianhua's behavior should be identified as a crime of extortion, and the Bozhou Intermediate People's Court did not accept Li Jianhua and his defenders' related grounds for appeal and defense that Li Jianhua did not constitute a crime of extortion.
On May 30, 2018, the Bozhou Intermediate People's Court made a second-instance criminal ruling, rejected the appeal and upheld the original judgment.
