House Black Intermediary Liu Kang and other Extortion Court Order and Laws

 

Laws, Order of Court on House black intermediary Liu Kang and other extortion

The basic facts of the case reported by China Court Online:

 Between November 2016 and September 2017, 21 defendants including Liu Kang used small advertisements, WeChat, QQ and other methods to falsely promote, with low cost, fast move-in, and complete facilities. As a publicity point, after defrauding unspecified victims to sign contracts to collect rent, deposits and other fees from tenants, they are forced to pay additional fees through threats, harassment, etc. Or they fabricate various excuses to force tenants to withdraw by means of high liquidated damages, power and water cuts Rent does not refund tenant rent, deposit and other expenses. Or creates contract “traps” to force tenants to actively breach the contract, thereby illegally obtaining deposits, deposits and other money paid by tenants in advance, and extorting 25 victims within ten months.

Liu Kang were sentenced to imprisonment ranging from seven years to one year and five months, and fined

 The amount involved is more than 300,000 yuan. In December 2018, 21 people including Liu Kang were sentenced to imprisonment ranging from seven years to one year and five months, and fined for committing the crime of extortion. 

After the verdict was pronounced in the first instance, Liu Kang and others filed an appeal, and the court of the second instance ruled to reject the appeal and uphold the original verdict.

 

Typical significance: At present, some illegal intermediaries and personnel use violence or "soft violence" to force tenants to withdraw from their rents or deliberately create traps for "violation of contracts" in the course of their operations, illegally gaining profits, seriously infringing on tenants' personal and property rights, and disrupting 

The housing leasing market order has been improved. In order to purify the housing leasing market environment and promote the healthy and orderly development of the housing leasing market. 

The Chaoyang Court organized housing intermediaries to attend the hearing of the case during the trial process, and fully relied on the online platform to publicize the "traps" of rental housing to the public to improve risk identification and the ability to resist. 

In response to the leaks in the housing rental market management that were exposed by the case, it also sent judicial suggestions to the relevant management departments and received positive feedback, which achieved a good effect of "one case trial and one education".

A series of forced trading cases of "soft violence" in the electronic market by Wang Weigang and others

 

The Haidian Court concentratedly tried a series of forced transaction cases involving more than 60 defendants including Wang Weigang.

This series of evil forces has long been entrenched in electronic market areas such as Zhongguancun Dinghao and E World. 

After attracting victims to the store at low prices, they used "soft violence" methods to force victims to buy electronic products such as mobile phones. 

Wang Weigang and others were sentenced to imprisonment ranging from five years to one year and four months and fined for committing the crime of forced trading. 

After the verdict was pronounced in the first instance, Wang Weigang and others filed an appeal, and the court of the second instance ruled to reject the appeal and uphold the original verdict.

 

Typical significance: Wang Weigang and others rented shops in the electronic market, relying on the mobile phone sales business, used deception, threats and other methods in the Zhongguancun electronic market to implement forced transactions many times. 

On the one hand, they forced multiple victims to buy mobile phones against their true wishes and directly Infringes upon the legitimate rights and interests of unspecified customers shopping in the Zhongguancun electronic market.

 On the other hand, it ignores the basic transaction rules of honesty and trustworthiness, seriously disrupts the normal transaction order of the Zhongguancun electronic trading market, and causes a relatively bad social impact on the overall image of the market.

 The Haidian Court's legal punishment of the series of cases is conducive to safeguarding consumers' personal and property rights, regulating the normal order of the Zhongguancun electronic trading market, and gradually restoring the public's trust in the Zhongguancun electronic trading market.

Cases of extortion and provocation at the train station

The basic facts of the case reported by China Court Online: Huashizhong gathered others to control and control the tourist passenger transport market at Huangtudian Railway Station, S2 Line, Huilongguan Town, Changping District, Beijing. 

It used violent beatings, threats and other methods to forcibly demand property from others, at will Assaulting others, demanding other people’s belongings, forming a gang of evil forces, disrupting the order of social life. 

The defendant carried out 7 illegal and criminal acts within half a year, involving more than 60,000 yuan, which caused a relatively bad social impact. 

The Changping Court found that Huashi Zhong was guilty of extortion and provocation and sentenced him to seven years in prison and a fine of RMB 50,000. 

After the verdict of the first instance was pronounced, Huashizhong appealed, and the court of second instance ruled to reject the appeal and uphold the original verdict.

 

Typical significance: Huashi and the middle class formed an evil force to control the surrounding environment of Huangtudian Railway Station in Changping District, Beijing and control the local "black car" market. 

Through illegal and criminal acts, such as collecting "protection fees" and controlling the "black car" market, it was serious Disrupt the normal market order such as local tourist passenger transportation, and cause relatively bad social impact. 

During the trial of the case, the Changping Court found that there were omissions in the management of the railway station involved in the case, which gave the Chinese evil forces an opportunity to take advantage of it, and then proposed to the Beijing Railway Bureau to "strengthen order maintenance and standardize the management of outsourcing service contracts" to block the railway station "Manage loopholes, improve service management level" and other judicial suggestions. 

The Beijing Railway Administration attaches great importance to it and actively adopts special treatment measures to maintain station order and strengthen integrated management. The order environment of the station has been significantly improved.

Case of Cheng Haiming and others extorting enterprises and nuisance enterprises' production and operation

The basic facts of the case reported by the China Court Online: From 2015 to 2016, Cheng Haiming gathered Zhang Shengnan, Wang Jinwei, Wang Lei and others in Lisui District, Shunyi District, Beijing, specifically targeting enterprises or projects under construction, and using methods such as obstructing construction. 

Project construction units and construction parties extorted property, or used vehicles to block company gates, warehouses, and obstruct customers. 

They made unreasonable demands for "liveness" to companies. Some corporate warehouses were blocked and could not be shipped on time, causing serious economic losses.

 The gates of some companies have been blocked for a month, making them unable to operate normally. 

The illegal and criminal activities of Cheng Haiming and others severely damaged the business environment in Li Sui area, had a bad influence on the normal operation of the enterprise, and had a bad influence on the social atmosphere. 

The Shunyi District People's Court found that Cheng Haiming and others constituted evil forces and sentenced Cheng Haiming and others to imprisonment ranging from 13 years and six months to one year and six months, and fined them for the crime of extortion and provocation.

 After the verdict of the first instance was pronounced, Cheng Haiming and others filed an appeal, and the court of the second instance ruled to reject the appeal and uphold the original verdict.

 

Facing blackmail during business

　　Typical meaning: In the course of business, when facing blackmail and nuisance from criminals, companies sometimes adopt the practice of "paying for safety" and tolerate their troubles, which to a certain extent contributes to the arrogance of criminals. 

The evil gangs of Cheng Haiming took advantage of the above-mentioned psychology of business operators to blackmail money or make various illegal demands to the enterprises, which seriously disrupted the production and operation activities of local enterprises, and the circumstances were extremely bad. 

The Shunyi court severely punished Cheng Haiming's evil forces in accordance with the law, fully demonstrating the Beijing court's determination to clean up the regional market environment and create a good business environment in the special struggle against evil.

Chen Haitao and others organized, led, and participated in the case of underworld organizations

The basic facts of the case reported by China Court Online: Chen Haitao was the party branch secretary and village committee director of Wujianfang Village, Fangshan District, Beijing. From 2004 to 2017, Chen Haitao gathered unemployed Cui Jihui, Qu Jianmin, and Li Hongli.

 More than 10 people including his wife Xu Hongxin and his son Chen Lang have repeatedly committed more than 20 illegal crimes, including gathering crowds of gambling, organizing Chinese citizens to go abroad for gambling, gathering crowds to fight, provoking quarrels, colluding bids, false invoices, illegal occupation of agricultural land, and forced trading.

 Activities, illegal contracting of rural beneficial agricultural projects, occupancy of illegal buildings for profit, amassing huge wealth, gradually formed with Chen Haitao as the organizer and leader, Xu Hongxin, Cui Jihui, Qu Jianmin, Li Hongli, Chen Lang and others as active participants Gangland organization. And bribe national staff, provide convenience for the organization to seek illegitimate interests, etc.

 

The Beijing Second Intermediate People's Court held that in order to establish a strong position and establish an illegal authority, Chen Haitao and others carried out a series of illegal and criminal activities through violence and threats, doing evil for wrong, oppressing and ruining the people, and capturing huge amounts of illegal economic benefits. 

 To dominate one side, deliberately make troubles against the masses who hinder their interests and violate their wishes, beat them at will, and push and insult state officials who perform official duties in accordance with the law, so that some people dare not report or accuse them, causing bad influence on the local area. Chen Haitao also concealed criminal record and bad deeds and defrauded party members. 

He successively used methods such as wooing and lure voters to obtain posts such as the head of the grassroots organization in Wujianfang Village, Liulihe Town, Fangshan District, Beijing.

He held the grassroots government for a long time and developed Chen Lang in violation of regulations. Joining the party damages the basic political power and severely disrupts the local economy and social order. 

The Beijing Second Intermediate Court sentenced Chen Haitao to 25 years’ imprisonment on 14 counts of organizing and leading a triad organization, three years of deprivation of political rights, and confiscation of all personal property, sentenced for the crime of participating in a triad organization, the crime of provoking trouble, etc. 

Cui Jihui, Chen Lang, Xu Hongxin and other 13 persons were sentenced to imprisonment ranging from ten years to one year and four months, and all personal property was confiscated or fined.

 

　　Typical meaning: This case is the first case involving a gangster heard by a Beijing court since the special struggle against gangsters was launched. The underworld is invading the grass-roots political power and grabbing illegal economic benefits. At the same time, it is accompanied by a "protective umbrella." This is a prominent feature of organized crime in the nature of the underworld.

 The case of Chen Haitao was led by a rural grassroots organization at the time of the case. The time span of the crime was long, the crime was numerous, and the amount of property involved in the case was huge, which caused serious damage to the local grassroots political power and democracy. 

The Beijing Second Intermediate Court imposed a heavier sentence on the defendant Chen Haitao in accordance with the law, and at the same time stepped up its efforts to "break money and blood", and sentenced the organization and leader Chen Haitao and active participants Xu Hongxin and Chen Lang to confiscation of all personal property.

 Severe punishment in accordance with the law in this case is of great significance for consolidating grass-roots political power, strengthening the construction of grass-roots organizations, and maintaining overall social stability. 

After the verdict was pronounced in the first instance, all the defendants agreed not to appeal, and the procuratorial organs did not protest, which achieved the unity of legal, political and social effects.