In believing in each electric business platform sells the home the heart, most the person of detest, it is them certainly.
The reporter knows a such long table:
In April 2017, the 3 people such as Du Mou conspire to use baleful difference to judge in clean out treasure to go up extortionate businessman. 3 people division of labor is clear, du Mou chooses shop and goods, send Qiu Mou the link next. Qiu Mou is bought after receiving money, judge to difference directly, after waiting for a businessman to contact her, she pushs connection way of Du Mou the businessman.
After this, du Mou and businessman argy-bargy, " of requirement businessman or spends " of calamity of money pass the time in a leisurely way, I let or " more people will to your difference judge " . Qiu Mou sees profitable, pulling sister-in-law Zhang Mou to be done together. Before be captured, 3 people blackmail many businessmen, every gain profit 600 differ to 8800 yuan, add up to more than yuan 20 thousand.
After how Alibaba receives a businessman to inform against entirely, assist police to detect this case. Of the same age November, sea door court sentences the 3 people probation such as Du Mou with blackmail blame, punish gold.
Generally speaking, common buy the home and judge won't captiously to difference, and, calculated difference to judge also won't judge in order to differ will ask to coerce businessman " calamity of beautiful money pass the time in a leisurely way " , and difference judges division people without giving thought to,be commodity stand or fall, ground of for no reason is judged to difference, requirement " calamity of the disappear that take money " .
1, be aimed at this kind to criticize extortionary action in order to differ, does electric business platform sell the home people the legitimate rights and interests that how should safeguard oneself?
To this, the Sun Yuxiang's lawyer of the source attorney office of the letter expresses:
If experience record amount achieves 1000 yuan to reach 3000 yuan, be suspected of blackmail blame.
Basis " criminal law of People's Republic of China " the 274th regulation, blackmail blame is to show with detinue other is a purpose, use to the injured party threaten, menace or coercion method, take up illegally the injured party is state-private the behavior of property.
Our country " criminal law " the 274th blackmail is state-private property, number is larger or for many times of blackmail, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in or amount of; of only punishment gold is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish golden; amount particularly tremendous perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above, punish gold.
And if did not reach level of this one put on record, also but according to " damage blame of fame of commercial reputation, commodity " will handle, if have lot selling the home,baleful difference is judged extortionate, can much person reports a case to the security authorities jointly, rise jointly let public security try sb of mechanism general blackmailer.
Additional, everybody of proposal of Sun Yuxiang's lawyer businessman friends:
1, encounter difference to judge extortionate, ten million cannot compromise, do not count on protective cost to be handed in only enough.
2, call with electric business platform for a short while inform, be communicated adequately and ask for customer service to treat an opinion.
3, call the police directly, seek lawyer help next.
Additional, although had been punished,above paragraphs carries out extortionate 3 people in this law case, but this thing also did not end, in Du Mou 3 people get after penalty, the company that clean out treasure is suspected of tort with baleful evaluation for, prosecute 3 people to local court.
Forensic cognizance thinks, 3 people with extortionate undertake to the businessman for the purpose baleful difference is judged, cause the platform that clean out treasure objectively to go up of relevant data truthless, the credence that be affected directly and destroyed its compose to build evaluates a system, also damaged the firm that clean out treasure's legal civil rights and interests. Adjudicate 1 yuan to 3 people recoup loss of the company that clean out treasure jointly, reasonable defray 20 thousand yuan.
And expert of high standard Wu tells us " hit 1 yuan of lawsuit to be not for compensation, however caution difference judges division, this is a kind of illegal behavior "
Finally, the source attorney office of the letter also reminds everybody, in experience when businessman friends baleful difference is judged when, do not fear troublesome attempt temporarily make concessions to avoid trouble, should for a short while appropriate keep evidence, inform against actively to network platform and public security mechanism, if experience record amount is larger, the proposal seeks lawyer help, measure of use use statute safeguards the legitimate rights and interests of oneself.
If everybody has in network platform by the law case of blackmail, the welcome consults the source attorney office that we believe.
