【Disclaimer】The article is edited and produced by the lawyer team, and the names of individuals in the article are pseudonyms. If the plot of the article is similar, whether you surrender yourself or not.
In 2009, Guo Jing returned to Shanghai after graduating from Cambridge with a master's degree and founded Jinlong Technology Co., Ltd., which is engaged in the research and development of production line robots and chips.
Yue Lingshan is a local girl in Shanghai, graduated from the School of Computer Science and Technology of Fudan University, and joined the company in 2010.
With the joint efforts of the company's colleagues, the company's business has flourished, and the company has become an industry leader in less than five years. During this period, good things came in pairs, and Guo Jing and Yue Lingshan tied the knot.
The expansion of the enterprise has brought about the expansion of ambitions, Guo Jing is not satisfied with the status quo, and decided to get involved in the field of real estate, but after the land acquisition of the subsidiary of Jinlong, Xianglong Real Estate Company, the real estate market economy has been declining, and there has been a huge deficit in the turnover of tens of billions of funds after continuous leverage. The problem of export tax fraud caused by the panic has also surfaced.
Miss Ah Zi, who is in charge of the company's public relations department, is Yue Lingshan's college classmate, and now she has to frequently go in and out of the tax bureau and the General Administration of Customs and other departments to mediate while taking care of the market.
The turmoil of the inspection department of the tax bureau is a guy who is full of benevolence and morality, and has a belly full of male thieves and prostitutes. The turmoil coveted Miss Azi's beauty, did not handle the case in accordance with the law, but pretended to be public and private, and often chose the location of verifying the account data in hotels, cafes and other non-office places, and even violated the investigation regulations alone, plotting against the wrong.
Guo Jing and Yue Lingshan were also quite disgusted by this matter, but they were forced to endure it.
On this day, Ah Zi, like every time she received an investigation letter, pretended to be in the midst of the investigation and questioning, but secretly used the camera to record the evidence of the extortion and criminal intent of the evil and handed it over to the company.
Afterwards, Guo Jing directly had a showdown with the storm and asked him to open up to the dragon company.
However, the turmoil was broken, and the ruffians and hooligans were asked to get back the evidence for them, kidnapped and stabbed Guo Jing.
Yue Lingshan received a threatening phone call, and did not choose to call the police, but succumbed to the turmoil and chose to trade......
So the question is, did Guo Jing, Yue Lingshan, Feng Bo Evil, and Ah Zi constitute crimes in this case? If so, what crimes are they suspected of?
1. Guo Jing used exposing crimes as a means with the intention of obtaining illegal benefits, and his conduct was suspected of the crime of extortion; in addition, as a shareholder of a wholly-owned company, he instructed and falsely reported export trade data, and was suspected of the crime of fraudulently obtaining export tax rebates. Punishment for multiple crimes should be combined.
2. In order to seek personal gain, Yue Lingshan objectively carried out the act of bribing state functionaries by means of bribery to satisfy her selfish desires, and is suspected of the crime of offering bribes.
3. The turmoil is vicious and false for public benefit, unscrupulous means to satisfy selfish desires, and his conduct is suspected of the crimes of kidnapping, rape, bribery, and dereliction of duty. The act of stabbing the victim here is absorbed as an aggravating circumstance and is absorbed by the crime of kidnapping. Punishment for multiple crimes should be combined.
4. Ah Zi's acquisition of "private" evidence for the purpose of protecting herself from being violated does not constitute a crime.
Legal basis
Article 274: [Crime of Extortion] Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
Article 204 [Crime of Obtaining Export Tax Rebates by Fraud and Tax Evasion] Whoever fraudulently obtains export tax rebates from the State by means of false export declarations or other deceptive means, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than one time but not more than five times the amount of tax obtained by fraud; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of taxes obtained by fraud; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a fine of between 1 and 5 times the amount of taxes obtained by fraud or confiscation of property is to be given.
Where, after paying taxes, taxpayers adopt the deceptive methods provided for in the preceding paragraph to fraudulently obtain the taxes paid, they shall be convicted and punished in accordance with the provisions of Article 201 of this Law; Where the amount of tax obtained by fraud exceeds the part of the tax paid, punishment shall be given in accordance with the provisions of the preceding paragraph.
Article 389: [Crime of Offering Bribes] Whoever gives property to a state functionary for the purpose of obtaining improper benefits is guilty of bribery.
Article 385:[Crime of Accepting Bribes] A state functionary who takes advantage of his position to solicit property from others or illegally accepts property from others to seek benefits for others is guilty of accepting bribes.
Article 397:[Crime of Dereliction of Duty] Where a functionary of a state organ abuses his power or neglects his duty, causing major losses to public property or the interests of the state or the people, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, follow those provisions.
Where a functionary of a state organ commits the crime described in the preceding paragraph by twisting the law for personal gain, he shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where this Law provides otherwise, follow those provisions.