恐嚇,勒索

A firefighter couple was severely sentenced after their son broke his hand at McDonald's and claimed RMB 70 million | Lawyer Li Yusheng explains the legal issues related to intimidation and extortion


China Television News Comprehensive Report

News link:https://youtu.be/oO-QPXMX5nw

A husband and wife team from the New Taipei City Fire Department used their authority to query the security inspection records of McDonald's nationwide in 2017 after their child broke his hand in a McDonald's play area, demanding a whopping NT$70.6 million in compensation. The prosecutor found that at that time, he told his friends that after receiving the money, he could buy a house and a car, plan his wife's pension, and pay off the 3 million yuan debt. In the first instance, the husband and wife were each sentenced to 1 year and 2 months in prison. However, the second instance judge found that the couple used their power to extort, which in turn worsened the sentence. The husband was sentenced to 6 years and 6 months in prison, and the wife was sentenced to 5 years and 2 months in prison. When asked why Asking for more than 70 million yuan in compensation, Mr. Cai said he was only seeking compensation in accordance with the Consumer Protection Law and would continue to appeal.

Seeing my beloved baby lying on the hospital bed crying loudly, the parents simply couldn't accept it. I didn't expect to have fun playing at McDonald's, because an accident changed the mood of happiness. Going back to 2017, a former firefighter couple from the New Taipei City Fire Department Later, when I went to this McDonald's in Tucheng District, New Taipei City, my 6-year-old son suffered a broken right hand. However, his parents were accused of taking advantage of their power to demand a huge compensation of 70.6 million yuan from McDonald's.

Mr. Cai, a former firefighter, said: "(The Civil Code) stipulates that if a child is injured, we have compensation for medical expenses, compensation for mental comfort, and compensation for care expenses. Finally, there is a consumer protection law. 51, the amount was added up to 7,060 (ten thousand yuan)." Mr. Cai and his wife spent 6,703 yuan in treatment fees after their son fell, but they were said to have relied on the professional inspection company's fire protection negligence to complain to McDonald's. The claim was 70.6 million yuan. In the first instance, in accordance with the "Corruption Crime Regulations", the two men were each sentenced to 1 year and 2 months in prison for the crime of attempted extortion of money by intimidation. In the second instance, the man surnamed Cai was sentenced to 6 years and 6 months in prison based on the crime of "attempted extortion of property by taking advantage of circumstances". The wife was sentenced to 5 years and 2 months in prison. Why was the second trial sentenced to a heavier sentence? The lawyer said so.

Lawyer Li Yusheng said: "However, the second-instance judge believed that in addition to intimidation, the defendant couple also relied on their power and power in the fire station to intimidate and coerce the victim to extort property." It turns out that the prosecutor seized the couple's mobile phones at the time and discovered the conversation. The record stated that McDonald would be seriously injured, and with the money he could buy a house and a car, and plan his wife's pension to pay off her 3 million debt. Although Mr. Cai said it was all a joke, it was still enough to prove that he was extorting money from McDonald's.

In this regard, McDonald's only expressed respect for the judicial investigation and judgment. However, this lawsuit has been in dispute for 6 years, and the two of them have lost their jobs as firefighters. Now they rely on odd jobs to support their family of 7. The road to litigation is far away. Former firefighter Mr. Cai He said: "I will continue to appeal, but in fact I was led by them from beginning to end."

Fuda Law Firm
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