Early one morning in 2012, Zheng went to the police station and reported to the police that he had been attacked by three big men in a hotel. Hearing Officer Zheng's account, the police learned that Zheng had encountered a "fairy jump", how was Zheng tricked in, and was he caught by the police in the end?
What we are going to talk about now is the facts of the case.
*"A small red flower.
Zheng, a businessman living in Fujian, often went to Liuzhou for business negotiations due to business needs, and in order to get closer to customers, he often went to local KTV, bars, baths and other entertainment venues, so he met many young women.
On this day, Zheng returned to Liuzhou, met Xiaoli on KTV, and asked him: "Brother Zheng, have you been to ** these days?" What to do in Zhengzhou? Alone? I'm in for a treat. ”
Most of the women in the KTV are pseudonyms, and the girl named Xiaoli wanted to invite her to a meal several times because she knew Zheng, but Zheng went when she was done.
When she arrived at the restaurant, Xiaoli brought a girl named Xiaolin, and throughout the dinner process, Xiaolin was very enthusiastic, giving people a good feeling, Zheng knew that something must have happened, but he had been in the mall for so many years, and he didn't speak.
After Xiaoli's introduction, Xiaolin is a fellow villager of hers, she "went to the sea" not long after she was in Liuzhou, her father has been sick, and the family has no money to spend.
Xiao Lin's father was sick and needed surgery, Xiao Li's tears fell when she talked about Xiao Lin, Xiao Li said: "Brother Zheng, just save Xiao Lin, we will definitely repay you." ”
Zheng was noncommittal, he knew that his income was not easy to come by, and he and Xiao Lin had never met, and he didn't know Xiaoli very well, so he felt that these two people might be making up nonsense and wanted to extort their money.
Xiaoli looked at Zheng and didn't react, walked up to Zheng's side, and said, "Brother Zheng, Xiao Lin is a big star, if you agree to her, she will be your person." ”
Zheng was stunned for a moment when he heard this, and then a smile appeared on his face, which was agreed. "Red flower" has the meaning of "chastity" in the local dialect, Xiaoli said that if Zheng contributed some money, Xiaolin would become Zheng's woman, so Zheng was tempted.
Zheng returned to the hotel after eating, and then informed Xiao Lin to go to the hotel to withdraw money, and the door was knocked on at night, to Zheng's surprise, Xiao Lin also brought another woman, and later learned that the woman's name was Ah Cai.
As soon as the two of them entered the door, before they could say a few words, there was a knock on the door, "Officer, open the door quickly." Zheng was a thief after all, and immediately opened the door, and three big men broke in and immediately pushed Zheng to the ground.
What's going on? Xiao Lin is my own sister, what did you do to her? ”
Being asked like this, Zheng was dumbfounded, Xiao Lin, who was still well-dressed just now, was grabbing her hair and clothes at the moment, lying next to Zheng, one took out a **, and the other began to rummage through things.
Zheng found that his ** and the money in his wallet had been stolen, and then he realized that he had encountered a "fairy jump".
The so-called "fairy jump" is that a woman pretends to open a room with a man, and then another man enters the room disguised as a ** woman to commit fraud, usually on the grounds that ** is in bed, to coerce the victim to pay money.
If this is not the case, they will send the "** evidence" to the victim's wife, family or workplace, and generally the victim will choose to compensate in order to avoid trouble.
rummaged around the crowd and saw that Zheng didn't have much money on him, which made the three big men very dissatisfied, so they beat Zheng and forced Zheng to hand over the passwords of the three accounts.
Zheng has three accounts under his name, two accounts have fifty or sixty thousand, and one account has thousands, at first he said that this account belongs to his wife, and he does not know that his account belongs to his wife, but he can't stand the beating and beating, and can only say that he has the password of more than 1,000 yuan for this account.
The three gave Xiao Lin the bank card and password, and then went to the ATM to withdraw cash, as soon as the door was opened, Zheng had the courage to rush out, but was caught by three policemen and beaten again, Xiao Lin took out the bank card only to know that his password was wrong, and Zheng was beaten again after returning home.
Zheng had no choice but to give the real password to Xiao Lin and let her go to a bank to withdraw more than 4,000 yuan, and then a group of people forced Zheng to make an IOU of 20,000 yuan before leaving, and when Zheng confirmed that they had gone away, he hurried to the police station to report the case.
The gang was finally defeated.
The kidnapper was sure that Zheng would not call the police, so he asked him to sign an IOU and left his account to Zheng, but Zheng took the initiative to report the incident to ** after the incident.
In order to find out what happened, the police found a woman named Shanshan based on the bank card number left behind by the robbers. After Zheng's identification, Shanshan did not participate in the theft, she claimed that she had lost a credit card, did not know that she had been robbed, she and Xiaoli were just a staff member, and told her that she had resigned.
Although Shanshan was also suspicious, there was no conclusive evidence, so the police had to let her go back first, and the police felt that the first place in this fraud case was the hotel, and the investigation should start from the hotel. According to Zheng, a man had a clear birthmark on the left side of his face, so he followed this clue to a nearby hotel.
I remembered that the man with the birthmark on his face, he was in our hotel. "That girl is familiar to me, she and a woman are regular visitors to our hotel. ”
Thinking about it carefully, it seems that this matter has nothing to do with Shanshan, so the woman who met her in the hotel was Lili or Xiaolin? The police were going to wait near the hotel where Sansa frequented.
One day, there were suddenly three more men and two women at the door of the hotel, and one man had a mole on the left side of his face, and he was the suspect who had kidnapped Zheng. Seeing that two women entered the hotel first, and the remaining three men were hovering underneath, the police suspected that they were committing a crime.
Not long after the three of them entered the hotel, the police who followed behind them arrived at the hotel and arrested the five people. After interrogation, the arrested women were Xiao Lin and Xiao Li, and the three were the main culprits Liu, Chen had a birthmark on his body, and Ran Mou.
Xiao Lin said that another Mr. Luo, who was also his accomplice, was now in the hotel, and the police quickly arrested Roger, and the six of them were arrested together at the police station. After the confirmation of the victim Zheng, neither the man nor the woman were present.
The police conducted a surprise interrogation of the 6 men and found that Ran was Liu's brother-in-law, both of whom were gangsters, addicted to gambling and owed high interest, so Liu and Ran reached an agreement with Shanshan to conspire to make profits from women.
In order to recruit more people, Liu invited Chen to participate in gambling, Chen's wife Xiaoli was quite beautiful, and was persuaded by Chen, Liu and Ran wooed Luo and Huang, and pulled Huang's girlfriend A Cai in, and finally called Xiao Lin over to form a 9-person organization.
The process of committing the crime was mainly seduced by Shanshan, Xiaoli, Xiaolin and A Cai, and then Liu, Ran, Chen, Luo, Huang and others extorted a sum of money.
Soon, Huang, Ah Cai, and Shanshan were arrested, and 9 people were arrested. After investigation, this organization has committed many crimes, involving hundreds of thousands of dollars, and is undergoing judicial trial.
From the individual cases - the line between extortion and robbery.
This crime is an offence established by using threats, threats or coercion against the victim for the purpose of unlawful possession to take possession of the victim's property.
In accordance with the relevant laws of Article 274 of the Criminal Law of the People's Republic of China, the following acts are punished:
fixed-term imprisonment for a term of not less than three years to ten years; Those who commit gross negligence shall be sentenced to up to 10 years imprisonment and short-term detention.
As mentioned above, this case is called "Immortal Jump", which shows that Xiaoli and others had premeditated and intended to illegally take possession of other people's property, and used threats and threats as a means, which should constitute the crime of extortion.
In this case, Liu and other three suspects took Zheng **, asked Xiao Lin to wear revealing clothes, took pictures with him, confirmed Zheng's illegal acts, and coerced him to hand over the money by exposing his crime, and finally robbed Zheng's mobile phone and more than 4,000 yuan at the scene of the crime, and took it for himself in this way, which met all the conditions for the crime of extortion.
So, are those people suspected of theft? Of course not.
The crime of theft is the use of violence, coercion and other means to forcibly seize public or private property from the owner or custodian for the purpose of illegal possession.
Although the two are very similar in their forms of crime, the "threats" used by them are different, the former by force and the latter by means of intimidation.
In this case, in order to obtain more benefits, Liu and the three began to verbally intimidate Zheng and carried out some violence against Zheng, but did not cause much harm to him, but psychologically intimidated him, which is the crime of extortion.
Subsequently, Liu and the others used "violence, coercion or other means" to beat and insult others, and carried out acts that caused physical damage to others, but their subjective goal was still extortion, so the crime of theft could not be established.
According to the relevant provisions of the Criminal Law of the People's Republic of China, the act of extortion is usually punishable by fixed-term imprisonment of not more than three years, criminal detention and public surveillance; fixed-term imprisonment for a term of not less than three years to ten years; If the amount is larger, the sentence is ten years or more.
In the above case, the perpetrator extorted a total of 24,000 yuan, which met the "huge" requirement and should be sentenced to more than three years in prison. Therefore, does the above-mentioned Zheng's behavior constitute **?
Generally speaking, ** is a kind of public order, according to the "Public Security Administration Punishment Regulations", the price has been agreed or cash and other property has been paid, but sexual intercourse has not yet occurred; Those who have *** conduct, admit guilt and repent, and have special grounds; Other minor behaviors.
If it is said that **, even if there is no physical connection between Zheng and Xiao Lin, an agreement has already been reached between the two parties, which also constitutes a **crime. Therefore, does Zheng's practice constitute **? No, it should be said that it was adopted.
Prostitution refers to unspecified men and women, that is, two people who do not know each other and are only in it for money. But "support" is more like an emotional expense, which is completely different.
If one of the spouses has the right to return the property gifted to his lover because he or she occupies the assets jointly owned by the spouses.
In this matter, the relationship between Zheng and Xiao Lin is based on money, and they have a relationship with Xiao Lin, but this is not **, but an economic transaction. What is your opinion on this matter?
Early one morning in 2012, Zheng went to the police station and reported to the police that he had been attacked by three big men in a hotel. Hearing Officer Zheng's account, the police learned that Zheng had encountered a "fairy jump", how was Zheng tricked in, and was he caught by the police in the end?
What we are going to talk about now is the facts of the case.
*"A small red flower.
Zheng, a businessman living in Fujian, often went to Liuzhou for business negotiations due to business needs, and in order to get closer to customers, he often went to local KTV, bars, baths and other entertainment venues, so he met many young women.
On this day, Zheng returned to Liuzhou, met Xiaoli on KTV, and asked him: "Brother Zheng, have you been to ** these days?" What to do in Zhengzhou? Alone? I'm in for a treat. ”
Most of the women in the KTV are pseudonyms, and the girl named Xiaoli wanted to invite her to a meal several times because she knew Zheng, but Zheng went when she was done.
When she arrived at the restaurant, Xiaoli brought a girl named Xiaolin, and throughout the dinner process, Xiaolin was very enthusiastic, giving people a good feeling, Zheng knew that something must have happened, but he had been in the mall for so many years, and he didn't speak.
After Xiaoli's introduction, Xiaolin is a fellow villager of hers, she "went to the sea" not long after she was in Liuzhou, her father has been sick, and the family has no money to spend.
Xiao Lin's father was sick and needed surgery, Xiao Li's tears fell when she talked about Xiao Lin, Xiao Li said: "Brother Zheng, just save Xiao Lin, we will definitely repay you." ”
Zheng was noncommittal, he knew that his income was not easy to come by, and he and Xiao Lin had never met, and he didn't know Xiaoli very well, so he felt that these two people might be making up nonsense and wanted to extort their money.
Xiaoli looked at Zheng and didn't react, walked up to Zheng's side, and said, "Brother Zheng, Xiao Lin is a big star, if you agree to her, she will be your person." ”
Zheng was stunned for a moment when he heard this, and then a smile appeared on his face, which was agreed. "Red flower" has the meaning of "chastity" in the local dialect, Xiaoli said that if Zheng contributed some money, Xiaolin would become Zheng's woman, so Zheng was tempted.
Zheng returned to the hotel after eating, and then informed Xiao Lin to go to the hotel to withdraw money, and the door was knocked on at night, to Zheng's surprise, Xiao Lin also brought another woman, and later learned that the woman's name was Ah Cai.
As soon as the two of them entered the door, before they could say a few words, there was a knock on the door, "Officer, open the door quickly." Zheng was a thief after all, and immediately opened the door, and three big men broke in and immediately pushed Zheng to the ground.
What's going on? Xiao Lin is my own sister, what did you do to her? ”
Being asked like this, Zheng was dumbfounded, Xiao Lin, who was still well-dressed just now, was grabbing her hair and clothes at the moment, lying next to Zheng, one took out a **, and the other began to rummage through things.
Zheng found that his ** and the money in his wallet had been stolen, and then he realized that he had encountered a "fairy jump".
The so-called "fairy jump" is that a woman pretends to open a room with a man, and then another man enters the room disguised as a ** woman to commit fraud, usually on the grounds that ** is in bed, to coerce the victim to pay money.
If this is not the case, they will send the "** evidence" to the victim's wife, family or workplace, and generally the victim will choose to compensate in order to avoid trouble.
rummaged around the crowd and saw that Zheng didn't have much money on him, which made the three big men very dissatisfied, so they beat Zheng and forced Zheng to hand over the passwords of the three accounts.
Zheng has three accounts under his name, two accounts have fifty or sixty thousand, and one account has thousands, at first he said that this account belongs to his wife, and he does not know that his account belongs to his wife, but he can't stand the beating and beating, and can only say that he has the password of more than 1,000 yuan for this account.
The three gave Xiao Lin the bank card and password, and then went to the ATM to withdraw cash, as soon as the door was opened, Zheng had the courage to rush out, but was caught by three policemen and beaten again, Xiao Lin took out the bank card only to know that his password was wrong, and Zheng was beaten again after returning home.
Zheng had no choice but to give the real password to Xiao Lin and let her go to a bank to withdraw more than 4,000 yuan, and then a group of people forced Zheng to make an IOU of 20,000 yuan before leaving, and when Zheng confirmed that they had gone away, he hurried to the police station to report the case.
The gang was finally defeated.
The kidnapper was sure that Zheng would not call the police, so he asked him to sign an IOU and left his account to Zheng, but Zheng took the initiative to report the incident to ** after the incident.
In order to find out what happened, the police found a woman named Shanshan based on the bank card number left behind by the robbers. After Zheng's identification, Shanshan did not participate in the theft, she claimed that she had lost a credit card, did not know that she had been robbed, she and Xiaoli were just a staff member, and told her that she had resigned.
Although Shanshan was also suspicious, there was no conclusive evidence, so the police had to let her go back first, and the police felt that the first place in this fraud case was the hotel, and the investigation should start from the hotel. According to Zheng, a man had a clear birthmark on the left side of his face, so he followed this clue to a nearby hotel.
I remembered that the man with the birthmark on his face, he was in our hotel. "That girl is familiar to me, she and a woman are regular visitors to our hotel. ”
Thinking about it carefully, it seems that this matter has nothing to do with Shanshan, so the woman who met her in the hotel was Lili or Xiaolin? The police were going to wait near the hotel where Sansa frequented.
One day, there were suddenly three more men and two women at the door of the hotel, and one man had a mole on the left side of his face, and he was the suspect who had kidnapped Zheng. Seeing that two women entered the hotel first, and the remaining three men were hovering underneath, the police suspected that they were committing a crime.
Not long after the three of them entered the hotel, the police who followed behind them arrived at the hotel and arrested the five people. After interrogation, the arrested women were Xiao Lin and Xiao Li, and the three were the main culprits Liu, Chen had a birthmark on his body, and Ran Mou.
Xiao Lin said that another Mr. Luo, who was also his accomplice, was now in the hotel, and the police quickly arrested Roger, and the six of them were arrested together at the police station. After the confirmation of the victim Zheng, neither the man nor the woman were present.
The police conducted a surprise interrogation of the 6 men and found that Ran was Liu's brother-in-law, both of whom were gangsters, addicted to gambling and owed high interest, so Liu and Ran reached an agreement with Shanshan to conspire to make profits from women.
In order to recruit more people, Liu invited Chen to participate in gambling, Chen's wife Xiaoli was quite beautiful, and was persuaded by Chen, Liu and Ran wooed Luo and Huang, and pulled Huang's girlfriend A Cai in, and finally called Xiao Lin over to form a 9-person organization.
The process of committing the crime was mainly seduced by Shanshan, Xiaoli, Xiaolin and A Cai, and then Liu, Ran, Chen, Luo, Huang and others extorted a sum of money.
Soon, Huang, Ah Cai, and Shanshan were arrested, and 9 people were arrested. After investigation, this organization has committed many crimes, involving hundreds of thousands of dollars, and is undergoing judicial trial.
From the individual cases - the line between extortion and robbery.
This crime is an offence established by using threats, threats or coercion against the victim for the purpose of unlawful possession to take possession of the victim's property.
In accordance with the relevant laws of Article 274 of the Criminal Law of the People's Republic of China, the following acts are punished:
fixed-term imprisonment for a term of not less than three years to ten years; Those who commit gross negligence shall be sentenced to up to 10 years imprisonment and short-term detention.
As mentioned above, this case is called "Immortal Jump", which shows that Xiaoli and others had premeditated and intended to illegally take possession of other people's property, and used threats and threats as a means, which should constitute the crime of extortion.
In this case, Liu and other three suspects took Zheng **, asked Xiao Lin to wear revealing clothes, took pictures with him, confirmed Zheng's illegal acts, and coerced him to hand over the money by exposing his crime, and finally robbed Zheng's mobile phone and more than 4,000 yuan at the scene of the crime, and took it for himself in this way, which met all the conditions for the crime of extortion.
So, are those people suspected of theft? Of course not.
The crime of theft is the use of violence, coercion and other means to forcibly seize public or private property from the owner or custodian for the purpose of illegal possession.
Although the two are very similar in their forms of crime, the "threats" used by them are different, the former by force and the latter by means of intimidation.
In this case, in order to obtain more benefits, Liu and the three began to verbally intimidate Zheng and carried out some violence against Zheng, but did not cause much harm to him, but psychologically intimidated him, which is the crime of extortion.
Subsequently, Liu and the others used "violence, coercion or other means" to beat and insult others, and carried out acts that caused physical damage to others, but their subjective goal was still extortion, so the crime of theft could not be established.
According to the relevant provisions of the Criminal Law of the People's Republic of China, the act of extortion is usually punishable by fixed-term imprisonment of not more than three years, criminal detention and public surveillance; fixed-term imprisonment for a term of not less than three years to ten years; If the amount is larger, the sentence is ten years or more.
In the above case, the perpetrator extorted a total of 24,000 yuan, which met the "huge" requirement and should be sentenced to more than three years in prison. Therefore, does the above-mentioned Zheng's behavior constitute **?
Generally speaking, ** is a kind of public order, according to the "Public Security Administration Punishment Regulations", the price has been agreed or cash and other property has been paid, but sexual intercourse has not yet occurred; Those who have *** conduct, admit guilt and repent, and have special grounds; Other minor behaviors.
If it is said that **, even if there is no physical connection between Zheng and Xiao Lin, an agreement has already been reached between the two parties, which also constitutes a **crime. Therefore, does Zheng's practice constitute **? No, it should be said that it was adopted.
Prostitution refers to unspecified men and women, that is, two people who do not know each other and are only in it for money. But "support" is more like an emotional expense, which is completely different.
If one of the spouses has the right to return the property gifted to his lover because he or she occupies the assets jointly owned by the spouses.
In this matter, the relationship between Zheng and Xiao Lin is based on money, and they have a relationship with Xiao Lin, but this is not **, but an economic transaction. What is your opinion on this matter?