The merchants kindness to lend money to his fellow countrymen caused continuous extortion: making hundreds of phone calls every day

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 The merchants kindness to lend money to his fellow countrymen caused continuous extortion: making hundreds of phone calls every day


The so-called Wang Mou actually surnamed Dai. He extorted more than 1.2 million yuan from Tang Mou.

Ive been lying in bed for three days. I dont eat, I smoke three packs a day. Poor Baba calls you hundreds of times a day.

I wasnt a beast. I was desperate to find you for the last time. You didnt save me. You didnt answer the phone. Although you are a big man, you have to play together to die...

Tang Mou, the president of a Chamber of Commerce, did not realize that he had borrowed 3000 yuan from his fellow countrymen a few months ago, but he was subjected to endless extortion, numerous threatening text messages and hundreds of threatening phone calls every day. If he did not give money, the other side said he would retaliate against his family.

By the time Tang reported the case, he had given the other party more than 1.2 million yuan. Blackmailing Dai, a male surname of Tang Mou, is a civil servant dismissed from public service in Pingjiang, Yueyang. He was named Wang Mou and raised money for himself on the grounds of cancer.

Recently, Dai Mou was sentenced to 11 yearsimprisonment by Pingjiang Court of Yueyang for extortion.

Help the villagers many times

Tang Mou is the president of a provincial chamber of commerce. On March 4, 2016, Tang Mou received a call from a person who called himself Wang Mou, who called him as an acquaintance. On the phone, Wang Mou said he had a car accident and wanted to borrow 3000 yuan. Hearing the other sides Pingjiang dialect, Tang Mou decided to help with the idea that everyone is Pingjiang people.

Tang Mou did not expect, because of the first generosity, he became a gambler Wang Mou in the eyes of fat meat. The real name of Wang Mou is Dai Mou, who worked in Wengjiang Township Government of Pingjiang County after graduation from secondary school and was dismissed from public office in 2003. After five years, Dai Mou was jailed for fraud and extortion.

In March 2016, Dai Mou, who is working in Dongguan, Guangdong Province, lost money and intends to extort Pingjiang people from doing business. Tang Mous character is what he calls being kind and willing to help. Taking advantage of previous work convenience, Dai Mou easily asked Tang Mous phone number. It was easier to borrow money than Dai imagined. He gambled 3,000 yuan and lost it quickly. Dai Mou called Tang Mou again, saying that the accident had not been dealt with. The second time, Tang was very happy to lend him 9000 yuan.

Out of gratitude, Dai Mou specially bought Tang Mou a local product. Wang Mou called me and said that he had brought some gifts to the communication room of a district in Pingjiang County where I lived, and thanked me for helping him. They met and chatted for a few minutes, Tang Mou felt that Wang Mou can be a man.

Later, Dai Mou borrowed money from Tang Mou many times for the reason of opening a hotel in partnership. Because of this impression, as well as out of care for the homeland, Tang Mou agreed. Tang found that whenever he did not agree to borrow money, the other party would keep calling. There are so many things in my business that I couldnt help it, so I agreed to borrow money. Tang Mou is very strange, how the other side is always looking for various reasons to borrow money from him, after that, I feel very bad about Wang Mou.

On May 8, 2016, Tang Mou received another loan call from Dai Mou. He said he had lung cancer and was hospitalized in Changsha. He asked me to lend him hundreds of thousands of yuan to save his life. Seeing the hospital photos sent by the other side, Tang Mou transferred more than 20,000 yuan to Dai Mou. As a fellow villager in Pingjiang, he helped him so much before. Now that he has lung cancer, if he can help, he can help him.

Crazy extortion after refusing to borrow money

Tang Mou did not expect that the cancer of Wang Mou became extraordinarily crazy. He threatened me that if he didnt lend him money to treat his illness, he would not treat it. He would come to my neighborhood to find me and fight for my life. The threat of Dai Mou frightened Tang Mou. From May 10 to May 31, 2016, he gave Wang Mou more than 250,000 yuan seven times. I am a businessman, usually staying out for a lot of time, my wife and children are living in Pingjiang. Wang Mou knows where my family lives. I am afraid that the personal safety of my wife and children will be harmed, so I should take money to eliminate disasters.

In Tang Mous statement, from June to November 2016, Dai Mou blackmailed Tang Mou every month. Afraid of Dai Mou hurting his family, Tang Mou could only compromise again and again, giving him more than 720,000 yuan altogether. At the end of November 2016, Tang learned that the real name of Wang Mou was Dai Mou by inquiring the mobile phone number. From February to August 2017, under the threat of Dai Mou, Tang Mou gave him another 215,000 yuan.

Hello, 150 * Call you 68 times at 14:36 on September 5, 2017, please call back, Hello, 150 * Call you 83 times at 18:26 on September 5, 2017, please call back...

In addition to such harassing phone calls, Tang Mou will also receive various threatening text messages. The text message sent to Tang Mou at 10:00 on May 8, 2016 reads: I cant help returning your great kindness to me for the rest of my life. Dont blame me me me for my viciousness. Today Im going to find you. Im going to chop you off... Youre too disgraceful. Im going to scrap you. Your kindness will be repaid in the next life.

He also took pictures of our house, of the factories I set up in Pingjiang and Zhengzhou. Sometimes the pictures of which hotel I stayed in during my business trip were given to me. My heart was very frightened. I dared not report to the public security organs for fear that he would hurt me and my family. In September 2017, Tang Mou gave Dai Mou 30,000 yuan for the last time and went to the public security organs to report the case.

Received a series of threatening text messages and threatening phone calls, one day in July 2016, Tang Mou gave his wife a 155 phone call, saying that if he encounters any accidents in the future, it must be done by the Pingjiang people named Wang Mou.

Dai admitted that most of the money extorted was lost by him in gambling and some was spent on daily expenses. He did not have any privacy of Tang Mou, nor did he have business contacts with him. In order to ask for money, I frantically harassed him by making more than 100 phone calls every day, and wrote a text message to intimidate and abuse him that I had cancer and would die with him.

Interpretation

Why does not pre-loan be included in sentencing

The prosecution charged that during the period from May 10, 2016 to September 9, 2017, the defendant Dai Mou falsely claimed that he needed treatment for lung cancer. He repeatedly sought money from the victim Tang Mou. The total amount of RMB 1223,000 yuan was used for personal expenses such as gambling. Pingjiang Court recognized the fact.

The court held that Dai Mou, with the purpose of illegal possession and the method of threat, forcibly demanded more than 1.223 million yuan of other peoples property. The amount was particularly huge. His act constituted extortion, and his criminal responsibility should be investigated, and his illegal income should be returned. Therefore, Dai Mou was sentenced to eleven yearsimprisonment for extortion and a fine of 50,000 yuan.

Reporters found that although Tang Mou and Dai Mous statements can be reflected, before extortion, Dai Mou had borrowed money from Tang Mou for various reasons, especially more than 20,000 yuan borrowed by Dai Mou on the grounds of suffering from cancer, which were not in the criminal facts of extortion recognized by the procuratorate court and the court. Do these acts constitute the crime of fraud?

A grass-roots judicial case handler in Hunan told reporters that the crime of fraud refers to the act of defrauding large amounts of public and private property with the purpose of illegal possession and by means of fabricating facts or concealing the truth. Before being threatened by Dai Mou, Tang Mous behavior of borrowing money is more like the economic interaction between two people, which is caused by such factors as kindness. Tang Mou can retain the evidence when remitting money and ask Dai Mou for the part of money before being extorted by filing a civil lawsuit. The perpetrator has the purpose of illegally extorting other peoples property. After extorting a large amount of money from others, the constitutive requirements of the crime of extortion have been met. If the victims property is obtained illegally, it will constitute the accomplishment of the crime of extortion. If the perpetrator only uses threat or coercion, the victim does not produce fear and therefore does not hand over the property; or if the victim has fear but does not hand over the property, it is an attempt of extortion. Extortion, even if attempted, constitutes a crime according to law and still bears criminal responsibility according to law. Article 23, paragraph 2, of the Criminal Law stipulates that: For attempted offences, the punishment may be lighter or lighter than that of accomplished offences. Source: Xiaoxiang Morning News Responsible Editor: Wang Lishan_NBJS7182

A grass-roots judicial case handler in Hunan told reporters that the crime of fraud refers to the act of defrauding large amounts of public and private property with the purpose of illegal possession and by means of fabricating facts or concealing the truth. Before being threatened by Dai Mou, Tang Mous behavior of borrowing money is more like the economic interaction between two people, which is caused by such factors as kindness. Tang Mou can retain the evidence when remitting money and ask Dai Mou for the part of money before being extorted by filing a civil lawsuit.

The perpetrator has the purpose of illegally extorting other peoples property. After extorting a large amount of money from others, the constitutive requirements of the crime of extortion have been met. If the victims property is obtained illegally, it will constitute the accomplishment of the crime of extortion. If the perpetrator only uses threat or coercion, the victim does not produce fear and therefore does not hand over the property; or if the victim has fear but does not hand over the property, it is an attempt of extortion. Extortion, even if attempted, constitutes a crime according to law and still bears criminal responsibility according to law. Article 23, paragraph 2, of the Criminal Law stipulates that: For attempted offences, the punishment may be lighter or lighter than that of accomplished offences.