Lawyer's character

"Pretend, you have to pretend hard. I'll get you a box of tea later, that's all. You're not old, you have a lot of things to do, and everyone is a smart person." Yun Qiao scolded with a smile.

"Okay, let me continue." Cao Yongzheng immediately put on a smiling face and continued: "

Second, the crime of forced transaction

Units or individuals engaged in normal business operations, in order to increase profits, adopt the method of "killing customers" to promote business, use relatively mild violence and coercion to facilitate transactions, and force buying and selling. If their business behavior is basically normal and stable , the economic benefits pursued and obtained by the perpetrator are mainly derived from commercial business activities, which are basically in line with the occurrence rules of commercial profits, and are only done to obtain higher operating profits. If the circumstances are serious, it can be determined to constitute the crime of forced transaction.

Its key feature is that it has actual commercial business activities and business behaviors, and the basis of its criminal liability is that the defendant has adopted transaction methods that infringe on personal rights and market order.

Third, the crime of extortion and robbery

Compared with the crime of forced transaction, the crime of extortion and robbery has the intention to illegally possess property. The perpetrator is not engaged in normal business, but uses business activities as a cover or bait. The main pursuit is not commercial profit, but a link of commercial profit. The property of another person is acquired through violence or threats.

If the perpetrator uses non-violent coercion or violent coercion that is not fulfilled on the spot, it constitutes the crime of extortion. If the perpetrator threatens to commit violence on the spot or directly commits violence to steal property, it constitutes robbery. "

"A single person who robbed customers could actually be guilty of so many crimes!" Yun Qiao blinked her eyes, a little surprised.

"If that's the case, this case cannot constitute the crime of extortion, fraud or forced transaction. The use of violence on the spot, seducing the victim in a seductive way, and then asking for fictitious fees is more consistent with the characteristics of robbery." Yu Wendong thoughtfully said said.

"Why is it not a crime of forced transaction? Didn't the victim also spend a certain amount of money at KTV?" Yun Qiao's eyes showed confusion, and she was a little confused.

“The crime of forced transaction refers to the serious act of buying and selling goods by force or threat, forcing others to provide services or forcing others to accept services, and the circumstances are serious.

The perpetrator's purpose of using violence and threats is to force consumers to accept his goods or services so as to obtain business benefits. Subjectively, he does not have the intention to illegally possess other people's money.

Article 9 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery" specifically stipulates the difference between the crime of forced transaction and the crime of robbery in business activities. You can check and compare.

In practice, these two crimes can be distinguished from two aspects: first, whether the perpetrator is engaged in normal business activities, and the forced transaction must be based on normal trading behavior; second, whether the perpetrator is in order to obtain a basically reasonable consideration. Forced trading is also a kind of transaction, commonly known as "forced buying and selling". It means that the transaction has a reasonable consideration in it, and the main point is the basically reasonable consideration.

In this case, Sha Shengcai and others used operating a KTV as a cover to extort money from the victim. The victim's fees for receiving services from the opposite sex were settled separately and were actually settled.

Most of the bill items issued by Sha Shengcai and others were not the actual consumption of the victim, but fictitious, and the bill amount was also based on the victim's financial strength.

Therefore, Sha Shengcai and others obviously did not engage in normal business operations, nor did they seek to obtain a basically reasonable consideration, but to illegally possess the victim's money and obtain huge profits.

Therefore, I believe that the defendant's conduct does not constitute the crime of forced transaction. "Cao Yongzheng explained.

"What Lawyer Cao said makes sense. Think about it, how much a bottle of foreign wine and a bunch of snacks can cost. Some of the foreign wines in KTV are real. Even if you include the cost of a private room, it won't cost more than 12,000! Yes! That's not the truth." Yu Wendong took over.

"Yuwen, how much does it usually cost to go to a KTV for normal consumption?" Yun Qiao rolled her eyes and looked at him with a smile.

"It depends on what kind of KTV it is, how many people there are... No, why are you asking about me?" Yu Wendong was almost bypassed by Yun Qiao.

Yun Qiao chuckled: "It seems Comrade Yuwen is very good at it."

"Don't talk nonsense. I followed you when my colleagues were having a party. I'm so poor that I can't afford to go to a place like that if it wasn't for the law firm's treat. Don't talk nonsense." Yu Wendong was a little embarrassed. You're not talking about the case, why are you talking about yourself? Your brain is thinking too fast.

"What kind of place?" Cao Yongzheng, the little fat man, also asked seriously.

"Can we still have a good chat? If you two keep me entertained, I'm going to leave." Yu Wendong couldn't talk to the two of them, so he had to pretend to be angry and got up to leave.

Yun Qiao and Cao Yongzheng laughed when they saw this.

"What a good thing, I'm so happy." A man's voice came from a distance, it was Young Master Wu who had been seeing the dragon all day long.

I saw Mr. Wu with a happy face, car keys dangling in his hand, feeling refreshed and in good spirits.

"It's okay, we are discussing the case. Do you want to chat together?" Yun Qiao said with a smile.

"Forget it about the case, where is Attorney Zhou Yingzhou? I took on a new case, and the client asked her by name." Young Master Wu chuckled.

He discussed the case specifically with Zhou Ying. Otherwise, he was afraid that Yun Qiao would snatch the case away. In fact, he was overly concerned. Yun Qiao had five or six cases waiting for trial. This was because Xie Youhe took care of her. She had just started practicing and had little experience. She did not dare to make more points, otherwise she would have cried to death now.

"Sister Zhou has gone to court and should be back for lunch at noon. Why don't you send her a WeChat message and ask," Yun Qiao replied.

"Okay, you go on. I really don't understand how you can have such fun talking about a case!" Mr. Wu shook his head and left.

"Where did we talk?" Yun Qiao forgot what he was going to say when he was interrupted by Master Wu.

"Speaking of 'what kind of place'." Fatty Cao Yongzheng said with a bad smile.

"Hey, do you still have something serious to do? Besides, I'll go find Lawyer Xie and tell him that you two have been shouting all day about having no case to do." Yu Wendong gritted his teeth deliberately.

"Okay, you are cruel enough. Stop talking and let's continue discussing the case." Yun Qiao held out his thumb and said with a suppressed smile: "Little Fatty, keep talking."

Cao Yongzheng was startled, is it my turn? Why don't I remember, okay.

"Let's continue analyzing the case. I don't think this case constitutes a crime of extortion." Cao Yongzheng put away his smile and thought for a while.

Yun Qiao and Yu Wendong looked at him and said nothing, which meant: "Go on, we are waiting." (End of chapter)