In order to solve the problem of "labor shortage and difficulty in recruitment", the employer released recruitment information through the Internet, but did not expect to attract the "fishing gang" of extortion.
From 2018 to 2023, the defendant Che XX and 12 others formed a relatively fixed organization and carried out extortion crimes at various construction sites in our province. After joining the construction site, they maliciously created contradictions through various means, or asked the recruiters to advance living expenses and reimburse unreasonable travel expenses, or passively slacked off work and refused to obey the site management, forcing the recruiters to stop employing them. After that, they stayed at the construction site and demanded money from the recruiters by pestering and besieging them, verbally abusing them, threatening to make trouble and beating people. The recruiter was threatened, and had no choice but to pay the relevant expenses for personal safety, project progress and other considerations.
Through the above means, the defendant Che XX and 12 others organized and participated in a total of 18 crimes of extortion, and the amount of extorted property was more than 60,000 yuan.
At trial, the court held that the acts of the defendant Che XX and 12 others constituted the crime of extortion. This case is a joint crime. The 12 defendants often gathered together to carry out the crime of extortion and extortion by means of threats in the field of engineering construction, disrupting social order and causing a relatively heinous social impact, but they have not yet formed an underworld criminal organization and are a malign force organization.
Based on the facts and circumstances of the crime in which the defendants participated, the Haicang Court sentenced the defendant Che XX and 12 others to fixed-term imprisonment ranging from six months to three years and one month for the crime of extortion, and also fined them, and ordered them to make restitution for the victims' economic losses. After the judgment was pronounced, the defendant accepted the judgment and dismissed the lawsuit, and the case has now taken effect.
How to avoid labor in the engineering field? Employing units shall further enhance their awareness of prevention, strengthen the verification of the identity information of applicants before employing them, take the initiative to sign labor contracts with employees, standardize site management regulations such as sign-in attendance and reimbursement vouchers, and if they accidentally encounter extortion, they should pay attention to collecting evidence, promptly report to the police, and use legal means to protect lawful rights and interests.
Transferred from: Xiamen Haicang District People's Court
Source: Political and Legal Committee of Shandong Provincial Party Committee