Cover News Reporter Zhang Yidan
7 years ago, the incident of Wephone founder Su Xiangmao falling to his death sparked heated discussion. The suicide note left by Su Xiangmao stated that his ex-wife Zhai Xinxin threatened to report his personal tax evasion and the gray operation of his company, and demanded tens of millions of dollars and real estate from him.
In early March 2024, Su Xianglong, the elder brother of Weibo user @苏香马, revealed on Weibo: Recently, Zhai Xinxin’s suspected extortion case has been transferred to the court. According to previously released information, Zhai Xinxin was arrested in May 2023. The cover news reporter learned from the Beijing Haidian District People's Court and Su Xiangmao's family that the court date for the case has not yet been determined.
Notice of filing of the case issued by Su Xiangmao’s family (Photo source: @苏兴马的哥 Su Xianglong)
Incident
Programmer fell to death
Suicide note stated that his ex-wife demanded tens of millions of yuan and real estate
On September 7, 2017, programmer Su Xiangmao fell to death. . Before committing suicide, he posted on the Internet that his ex-wife Zhai Xinxin threatened to report his personal tax evasion and gray operations of his company, and demanded 10 million yuan and real estate in Hainan from him. He signed the relevant divorce agreement, his financial chain was broken, and he felt desperate.
According to the information released by Su Xiangmao’s family on Weibo, Su Xiangmao and Zhai Xinxin met on Century Jiayuan.com. Both of them are VIP members of the website. They met for the first time on March 30, 2017, and met in June of the same year. They got married, but the marriage only lasted for more than a month.
After Su Xiangmao passed away, his relatives called the police and accused Zhai Xinxin of fraud and extortion. They filed a civil lawsuit in the court, demanding the return of the huge amount of property Su Xiangmao gave to Zhai Xinxin during his lifetime.
In April 2023, the first instance verdict was announced in the civil case between Su Xiangmao’s family and Zhai Xinxin. Judgments on post-divorce property disputes and gift contract disputes published by Su Xiangmao’s family on social platforms show that the court ruled to revoke the divorce agreement signed by Su Xiangmao and the defendant Zhai Xinxin on July 18, 2017, which mentioned that the Hainan property belongs to Zhai Xinxin. All relevant provisions of the cash compensation of 10 million yuan; cancel the "Agreement" signed by Su Xiangmao and Zhai Xinxin on July 31, 2017, which mentioned that the two properties in Hainan and Beijing are owned by Zhai Xinxin personally, and the compensation of 3.4 million yuan Clause: Defendant Zhai Xinxin will return 6.6 million yuan to the plaintiff after the judgment takes effect. In a gift contract dispute case, the court ruled that the defendant Zhai Xinxin should return the plaintiff’s diamond rings, necklaces, cars and other money.
Zhai Xinxin published an article in 2018 responding to the conflict between herself and Su Hengmao, and denied forcing Su Hengmao to death. After the verdict of the first instance was announced, the account suspected of being Zhai Xinxin once again posted an article denying "marriage fraud" and "murder for money and murder." The article stated that she would not fight for the main property rights, but did not recognize the court's "coercion" and "the economic nature of marriage." ” determination and stated that she had appealed.
Su Xiangmao’s family also posted on Weibo that Zhai Xinxin appealed two civil cases and later withdrew his appeal on one of the cases. The family has received 6.6 million yuan returned by Zhai Xinxin.
The first-instance judgment of the civil case (Source: Weibo @苏苑Mao’s brother Su Xianglong)
Progress
Zhai Xinxin’s suspected extortion case has been transferred to the court
The court date has not yet been determined
The Weibo content previously released by Su Xiangmao’s family also showed that the police The case has not been filed. They hope to hold Zhai Xinxin criminally responsible and applied to the procuratorate for supervision.
In June 2023, Su Xiangmao’s family revealed on Weibo that Zhai Xinxin had been arrested and detained in a detention center. The "Notification of Case Filing" issued by it shows that the Haidian Branch of the Beijing Municipal Public Security Bureau believes that Zhai Xinxin's suspected extortion case meets the conditions for filing a case and is now filing a case for investigation. The notice will be signed on May 19, 2023.
On March 7, 2024, Su Xiangmao’s family once again tweeted that Zhai Xinxin’s suspected extortion case had been transferred to the court. The next day, the account deleted the aforementioned Weibo account.
On March 27, a relative of Su Xiangmao told Cover News reporters that the court date for the case has not been determined yet.
Lawyer
If threats, coercion, etc. are used to extort money or it constitutes blackmail
Lawyer Tan Mintao of Beijing Zhongwen (Xi'an) Law Firm told the cover news reporter that the crime of extortion refers to the use of intimidation, The method of threatening or coercing illegally appropriates the public or private property of the victim, thereby constituting a crime.
He said that extortion crimes are rare between husband and wife, and they are also rare in divorce proceedings. “After all, the crime of extortion requires the purpose of illegal possession, and most property between husband and wife is mixed, and it is difficult to distinguish the boundaries of marital property. One spouse uses threats, intimidation, coercion, etc. to require the other party to transfer the property out of fear. Ownership, if it is already involved in litigation, it is difficult for one party to use threats, intimidation, and coercion. Moreover, based on the emotional factors between husband and wife, one party rarely uses threats, intimidation, and coercion."
He believes that , although the parties in this case had a short-lived relationship as husband and wife, judging from the course of the case, it cannot be ruled out that they defrauded others of their property for the purpose of getting married. In this incident, the suicide note left by Su claimed that Zhai threatened him with his personal tax evasion and gray industry operations and demanded huge amounts of property. “This behavior occurred when the couple’s relationship broke down, that is, Said that although the property of both husband and wife is mixed, it is not indistinguishable. If the marriage relationship between the husband and wife has a flash marriage and divorce, the marriage relationship lasts for a short time, the purpose of the marriage is not pure, and the purpose of the marriage is to obtain the other party's property, one party will Requesting property from another party through threats, intimidation, coercion, etc. can still constitute the crime of extortion."
