Man caught his wife and her lover naked and rented a house to collect 25,000 yuan in compensation and was jailed for half a year
Previously, Red Star News reported on a case in which "a man was found guilty of catching his lover and receiving 25,000 yuan in 'compensation'". At that time, Lu Moumou, the party involved in the case, was charged with extortion and was sentenced to 6 months in prison in the first instance. After being released from prison, Lu Moumou always believed that he was innocent and insisted on appeals and appeals.
On October 8, 2024, Red Star News learned from Lu that after the case was appealed to the Shandong Provincial Higher People’s Court, it received a decision to remand for retrial. After retrial, the court found that the 25,000 yuan compensated by Liu to Lu was money accepted by both parties after many negotiations, and Lu did not illegally possess Liu's property. In the end, the original first and second instance verdicts were revoked and Lu was found not guilty.
It is understood that while Lu was detained, his father, Mr. Lu, transferred 25,000 yuan to Liu (a third party) in order to help his son obtain forgiveness from Liu (a third party). After Lu was acquitted by the court in a retrial, Mr. Lu sued Liu on the grounds of "unjust enrichment" and demanded the return of the 25,000 yuan. On March 13, Red Star News reporters learned from Mr. Lu’s attorneys Wang Yantao and Chen Zhen that the Zhangdian District People’s Court of Zibo City ruled to reject the plaintiff’s lawsuit, and Mr. Lu has already filed an appeal.
Part of the Civil Ruling of the People's Court of Zhangdian District, Zibo City, Shandong Province
Man caught raping lover and received 25,000 yuan in "compensation"
Convicted of extortion in two trials and sentenced
According to previous reports by Red Star News, on March 28, 2021, Lu Moumou from Zibo, Shandong Province discovered that his wife Zhang was about to send their children to a tutoring class, but behaved abnormally. After following her, she found him naked on the hotel bed with another strange man. He used his mobile phone to shoot a video for evidence, and then punched the strange man.
Lu Moumou said that after the punch, the strange man Liu Moumou offered to "compensate" him, and Lu Moumou proposed a financial compensation of 60,000 yuan. Later, the other party borrowed money from friends and transferred a total of 25,000 yuan to him in three installments. A month later, while Lu was in divorce proceedings with Zhang, Liu reported to the police that he was being blackmailed by Lu, and based on this, he believed that Lu was not suitable to raise children.
On November 2, 2021, the People's Court of Zhangdian District, Zibo City made a judgment on the case. Lu Moumou was guilty of extortion and sentenced to 6 months in prison. In the first-instance judgment, the court said, "Although the victim subjectively expressed his intention to compensate Lu, the amount of 60,000 yuan requested by the defendant Lu in compensation far exceeded the amount of money Liu was willing to compensate." It was determined that Lu constituted extortion.
Although Lu Moumou filed an appeal, the Zibo Intermediate People's Court upheld the original judgment of the first instance and dismissed the appeal. Since then, Lu Moumou has gone through many appeals and appeals, and the case has been retried. On January 16, 2024, the Zibo Intermediate People's Court retried the case. On October 8 of the same year, Lu was acquitted.
Criminal judgment issued by the Intermediate People's Court of Zibo City, Shandong Province (part)
The court held that Liu Moumou took the initiative to compensate Lu Moumou in order to make up for his fault. Although Lu Moumou exerted verbal pressure during the negotiation process, he finally accepted the amount involved in the case after many negotiations. This was not for the purpose of illegally possessing Liu Moumou's property, and his behavior did not constitute the crime of extortion.
After being remanded for retrial and changed to not guilty
Family members sued a third party to return previously refunded money but was rejected
Lu Moumou told the Red Star News reporter that during his detention, his father returned 25,000 yuan to the third party out of his own pocket in order to settle the matter, but he was still sentenced to 6 months in prison. Lu Moumou said that the money for his father's "return of stolen goods" was paid out of his own pocket. This money not only caused financial losses to the father, but also was the last dignity left by his derailed marriage, so they chose to sue and ask the other party to return the money.
According to a civil ruling provided by it, the People's Court of Zhangdian District, Zibo City, Shandong Province held a public hearing on July 2, 2025. Among them, Mr. Lu said that because his son was detained in a detention center, he did not understand the law and mistakenly believed that his son had committed a crime. In order to get his son released on bail as soon as possible and regain his personal freedom, he paid the defendant (Liu Moumou) 25,000 yuan on May 12, 2021. The defendant used the public prosecutor's law to criminally convict and sentence the plaintiff's son, and finally achieved the individual's behavior of receiving 25,000 yuan from the plaintiff. However, on October 8, 2024, the plaintiff’s son Lu Moumou was acquitted by the Intermediate People’s Court of Zibo City, Shandong Province. Therefore, the plaintiff now believes that the defendant’s possession of the 25,000 yuan that the plaintiff paid to the defendant is legally unfounded and the defendant should return it.
Defendant Liu Moumou did not appear in court, but he submitted a written defense statement arguing that when he and Lu Moumou's ex-wife Zhang met in March 2021, Lu Moumou followed Zhang and was caught by him. Later, Lu Moumou beat and restricted the defendant's personal freedom and asked him to borrow 30,000 yuan from a friend. In the end, he only borrowed 25,000 yuan and transferred it to him through transfer. During this period, because I was nervous and scared, I did not call the police immediately. Afterwards, he consulted 110, and the police station opened a case and determined that Lu was extorting. During this period, Lu's father returned 24,800 yuan to him at the police station, and he wrote a letter of understanding to the plaintiff. This is what happened. Liu Moumou believed that the 25,000 yuan returned by Lu Moumou's father to the defendant was Lu Moumou's illegal income. He also wrote a letter of understanding, so the 25,000 yuan itself was money borrowed by him, and it did not belong to Lu Moumou's father.
Liu Moumou claimed that he was blackmailed
After trial, the court held that, first of all, the 25,000 yuan involved in the case that the plaintiff claimed to be returned was originally due to Lu Moumou finding out that his wife Zhang and Liu Moumou were cheating on each other during their marriage, and requested compensation from Liu Moumou. During the investigation of the criminal case, in order to apply for bail pending trial, the plaintiff returned the money to Liu Moumou on behalf of Lu Moumou. What the plaintiff actually returned was the 25,000 yuan collected by Lu in the criminal case, and the two cannot be separated. Therefore, the plaintiff sued Liu as the plaintiff in this case to demand the return of the money on the grounds of unjust enrichment, and the plaintiff was not qualified as the subject of the lawsuit.
Secondly, judging from the source of the money, the 25,000 yuan that Lu Moumou refunded to Liu Moumou originated from the 25,000 yuan that Lu Moumou demanded from Liu Moumou. Based on the analysis of the nature of the money, it was Lu Moumou's request for money from the extramarital third party Liu Moumou based on the cheating of his wife Zhang Moumou. In essence, it was a question of whether Liu Moumou should be compensated for infringing Lu Moumou's spousal rights. As for whether a third party's infringement outside marriage or a third party's adultery with a spouse constitutes an infringement of a spouse's rights, the law does not explicitly provide for a third party's infringement on a spouse. Our country's current judicial practice does not recognize that an extramarital third party's infringement of a spouse's rights constitutes an infringement. Therefore, the payment given by Liu Moumou was based on illegal reasons and did not fall within the scope of legal evaluation.
Third, the nature of the payment was not evaluated in the criminal case, and in the absence of legal provisions, civil litigation should not interfere or evaluate it too much, nor should it protect or object to it. Therefore, the plaintiff's lawsuit does not fall within the scope of the People's Court's acceptance of civil litigation. The court dismissed the prosecution.
On March 13, a Red Star News reporter learned from Mr. Lu’s attorneys, Wang Yantao and Chen Zhen, that Mr. Lu was not convinced and had filed an appeal.
