[Case Playback].
In April 2018, the villagers' committee of Village A carried out land acquisition work in the local area, but Jin, a villager of Village A, thought that the compensation standard per mu of land was too low, so Jin planned to ask the project contractor for money after unsuccessful responses to the local villagers' committee and the people. Later, on the grounds of poor quality of the treatment project, Jin repeatedly posted a report in the public comment and wrote a letter to the relevant department, but after investigating and verifying the problems reported by Jin and replying that his reaction was not true, Jin used this as a reason to blackmail the contractor to pay the amount. After investigation, Jin extorted a total of RMB 150,000 from the contractor in this way, and the court held that Jin's behavior constituted the crime of extortion, and the court sentenced Jin to four years and six months in prison and a fine of RMB 30,000 in accordance with the law.
[Lawyer on Law].
According to article 274 of the Criminal Law, "Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given. ”
In this case, Jin of Jiacun Village planned to ask the project contractor for money because he was dissatisfied with the low compensation standard per mu of land, and Jin repeatedly reported and petitioned the relevant departments on the grounds that the quality of the treatment project was poor, and he obstructed the construction of the actual contractor of the project in this way and demanded that Jin pay him money on the grounds that the quality of the treatment project was poor. The contractor was worried that Jin's behavior would cause adverse effects and lead to losses, so he paid 150,000 yuan in property according to Jin's request, so Jin's conduct was for the purpose of illegal possession, publishing false threats to the victim, and extorting property in a huge amount, constituting the crime of extortion, and the court made the above judgment in accordance with law based on his specific criminal conduct and expression of remorse.
[Lawyer reminds].
Extortion of public or private property, a large amount or multiple extortions, constitute a crime, do not be blinded by temporary gains, extortion will be severely punished by the law!