强迫交易罪
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“搬家刺客”坐地起价,主犯因强迫交易罪获刑三年
Yang Zi Wan Bao Wang· 2025-10-27 12:26
Core Viewpoint - The article highlights a case of forced trading in the moving service industry, where a service provider was sentenced for using deceptive practices to increase prices after services were rendered, leading to significant financial losses for consumers [1][3]. Group 1: Incident Overview - A customer, Mr. Pan, experienced unexpected price increases during a moving service, where the initial agreed price of 700 yuan escalated to 1820 yuan upon arrival at the new location [2]. - The service provider, led by Zhang, used low initial quotes to attract customers and then employed intimidation tactics to enforce additional charges, resulting in a total of 15,165 yuan in forced payments from 37 victims [3]. Group 2: Legal Consequences - The court found Zhang guilty of forced trading, sentencing him to three years in prison and imposing a fine of 10,000 yuan, along with the recovery of the illegal earnings [3]. - The ruling emphasized the importance of consumer rights, advising individuals to document any coercive practices and report them to relevant authorities [3].
以案明纪释法丨利用职权迫使他人接受有偿代理服务构成何罪
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-05-21 00:00
Core Viewpoint - The case involves a public official and a private company owner colluding to force businesses to pay for a service that should be free, leading to charges of bribery, money laundering, and abuse of power [2][5][15]. Summary by Sections Basic Case Facts - The public official, identified as the head of A Maritime Bureau, sought to have a private company, controlled by a close associate, handle a new port's electronic data interchange (EDI) declaration services, which are typically free [2][3]. Actions Taken - The official organized a meeting to designate the private company as the EDI agent and pressured other businesses to pay for this service, threatening to deny their EDI applications if they did not comply [3][9]. Financial Transactions - From December 2021 to March 2024, the private company collected over 4.9 million yuan in fees, with the official receiving over 2 million yuan in kickbacks, which were then laundered through various financial maneuvers [3][10]. Divergent Opinions on Legal Classification - Three opinions emerged regarding the classification of the actions: 1. The first opinion suggests the actions constitute forced trading [5]. 2. The second opinion argues for classification as bribery, emphasizing the coercive nature of the actions [6]. 3. The third opinion supports the second but also includes money laundering due to the subsequent financial transactions aimed at concealing the source of the funds [6][11]. Legal Analysis - The actions of the public official and the private company owner are seen as a clear case of bribery, as they exploited the official's position to extract payments for a service that should be free [8][10]. - The laundering of the proceeds through investments and fictitious loan agreements indicates a deliberate attempt to obscure the origins of the illicit funds, fulfilling the criteria for money laundering [11][14]. Abuse of Power - The public official's actions not only violated legal standards but also severely damaged the reputation of the public institution, leading to widespread complaints and media coverage, which constitutes abuse of power [15][16].