Gambling causes racketeering?Yingtai lawyer in-depth analysis: get punishment!

2022-06-08 0 By

After yu mou lost his job, he often chatted and drank and played mahjong with a group of unemployed people in the local area. One day, Yu Mou and Zhang Mou and others lost RMB 5,000 yuan when playing mahjong together.Yu mou after going home more think more angry, its think zhang mou is playing mahjong with him when “cheat”.So Yu came to Zhang’s home, At this time Zhang is watching TV at home, so Yu came forward to let Zhang lose the money back to him, Zhang does not agree to return yu lost gambling, so Yu and Zhang scuffle.After zhang lost yu mou, yu mou under the coercion, will be mobile phone three thousand yuan transfer to Yu mou, and Yu mou also took zhang Mou wallet cash 500 yuan.The next day, Yu broke into Zhang’s home to ask for the remaining 1,500 yuan gambling funds, and even threatened with a knife. Police arrived and brought Yu under control.After the court hearing that yu mou’s behavior constitutes a crime of extortion, it sentenced to nine months in prison, probation for a year, and a fine of 2,000 yuan.According to Article 274 of the Criminal Law: “Whoever extorts public or private property, if the amount is relatively large or extorts for several times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined;If the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined;If the amount involved is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined.”In this case, yu suspected zhang cheating in playing mahjong and its, so into zhang’s home to ask Zhang to return gambling funds, under the threat of Yu, Zhang will be mobile phone three thousand yuan transfer to Yu, and Yu also took zhang wallet cash 500 yuan.Yu mou’s behavior belongs to the purpose of illegal possession, extortion extortion of other people’s property, so yu mou’s behavior constitutes the crime of extortion.But after the case truthfully confessed their crimes and voluntarily confessed to the punishment, according to law can be lighter punishment, the court made the above judgment according to law.Gambling behavior is not desirable, must not further extortion others property!For the purpose of illegal possession, extortion of public or private property, a large amount or multiple extortion, constitute a crime!