Lawyer

"Pretend, you can pretend. I'll get you a box of tea later on, that's fine. You're not old, you have a lot of things to do, and they're all good people." Yun Qiao scolded with a smile.

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

Second, the crime of forced trading
Units or individuals engaged in normal business operations, in order to increase profits, use the means of "slaughtering customers" to solicit business, and use relatively light violence and coercion in order to facilitate transactions, buy and sell by force, if their business behavior is basically normal and stable Yes, the economic interests pursued and obtained by the perpetrator are mainly derived from commercial operations, which basically conform to the law of occurrence of commercial profits, and are only for the purpose of obtaining higher operating profits. If the circumstances are serious, it can be determined that it constitutes a crime of forced trading.

Its key feature is that it has actual business operations and behaviors, and its criminal liability is based on the defendant's use of transaction methods that infringe on personal rights and market order.

Third, crimes of extortion and robbery
Compared with the crime of forced transaction, the crime of extortion and robbery has the intention of illegal possession of property. The perpetrator is not engaged in normal business operations, but uses business activities as a guise or bait, and the main pursuit is not commercial profits, but one of the links of commercial profits. property of another person, and was acquired by violence or threat.

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 rob property, it constitutes a crime of robbery. "

"It's possible for a model hanger to commit so many crimes!" Yun Qiao blinked her eyes in surprise.

"If you put it that way, this case cannot constitute the crime of extortion, fraud, or forced transaction. Using violence on the spot, seducing the victim in a way of seduction, and then asking for a fictitious fee is more in line with the characteristics of the crime of robbery." Yu Wendong thoughtfully. Said.

"Why isn't it the crime of forced trading? Didn't the victim also have a certain consumption in KTV?" Yun Qiao's eyes showed puzzlement, she was a little confused.

"The crime of forced trading refers to the act of using violence or threats to forcefully buy and sell goods, force others to provide services or force others to accept services, and the circumstances are serious.

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

Article [-] 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 Snatching" specifically stipulates the difference between the crime of forced trading and the crime of robbery in business activities. You can check it out for comparison.

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

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

Most of the items in the bill issued by Sha Shengcai and others are not the actual consumption of the victim, but fictitious, and the amount of the bill is also based on the victim's economic strength.

Therefore, Sha Shengcai and others obviously did not have the nature of normal business operations, nor did they aim to obtain a basically reasonable consideration, but to illegally occupy the victim's money and obtain huge profits.

Therefore, I think the defendant's behavior does not constitute the crime of forced transaction. "Cao Yongzheng explained.

"Lawyer Cao is right. Think about it, how much does a bottle of foreign wine and a bunch of snacks cost? How many of the foreign wines in KTV are real? Even if you include the cost of private rooms, it won't cost [-] yuan! Yes! That's not the reason." Yu Wendong took over the conversation.

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

"It depends on what grade of KTV it is, how many people..., no, why did you ask me." Yu Wendong was almost entangled by Yun Qiao.

Yun Qiao giggled and said, "It seems Comrade Yuwen is very good at it."

"Don't talk nonsense, I went with you when my colleagues got together. I'm so poor that I'm a scumbag. If it wasn't for the law firm to treat guests, I wouldn't have the money to go to that kind of place. Don't talk nonsense." Yu Wendong was a little embarrassed, Isn't it about the case, why is it about yourself, this brain thinking is too jumpy.

"Which kind of place?" The fat man Cao Yongzheng also asked seriously.

"Could you still have a good chat, if you two continue to amuse me, I'll be leaving." Yu Wendong couldn't agree with the two of them, so he had to pretend to be annoyed, and got up to leave.

Seeing this, Yun Qiao and Cao Yongzheng burst out laughing.

"What's the good thing, I'm so happy." A man's voice came from a distance, it was the young master Wu who never saw the end of the day.

I saw Young Master Wu with a happy face, shaking the car key in his hand, refreshed and in good spirits.

"It's okay, we are discussing the case. Do you want to talk together?" Yun Qiao smiled.

"Let's just talk about the case. Where is Attorney Zhou Ying Zhou? I just took over a new case, and the client called her by name." First Young Master Wu laughed.

He specifically discussed the case with Zhou Ying, otherwise, he was afraid that Yun Qiao would take the case away.In fact, he was overthinking. Yun Qiao had five or six cases waiting to be heard. It was Xie Youhe who took care of her. She had just practiced and had little experience, so she didn't dare to make more points, otherwise she would cry to death now.

"Sister Zhou is in court, and she should be back for lunch. Why don't you send her a WeChat message?" Yun Qiao replied.

"Okay, you guys continue. I really don't understand you guys, it's so exciting to talk about a case!" Young Master Wu shook his head and left.

"Where are we talking?" After being interrupted by Young Master Wu, Yun Qiao forgot what to say.

"It's about 'what kind of place'." The fat man Cao Yongzheng said with a smirk.

"Hey, are you still serious? Besides, I'll go to Lawyer Xie and tell him that the two of you have been quarreling all day long and have no case to deal with." Yu Wendong gritted his teeth deliberately.

"Okay, you're ruthless enough. Let's stop talking, let's continue discussing the case." Yun Qiao stretched out her thumb and said with a suppressed smile, "Xiao Pang, continue talking."

Cao Yongzheng was startled, is it my turn?How can I not remember, okay.

"Let's continue to analyze 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 means: You continue to talk, we are waiting. (end of this chapter)