The traditional food award is 50,000 yuan.

If the defendant's family has already paid 40 thousand, this money will of course be used as a fine first. Because a fine is a punishment. Money received by the court from the defendant's family can only be used as a fine. Some courts even notify the defendant's family to pay a fine before the verdict. Regarding the issue of restitution, if the public security organ distracts the defendant's property when filing a case, the public security organ may make restitution. If the public security organ fails to seize the defendant's property, the victim may apply to the court for compulsory execution.

Legal analysis

The fine shall be paid in one lump sum or in installments within the time limit of judgment. If the payment is not made within the time limit, it shall be enforced by the people's court. If the compulsory execution payment has not been paid in full, the people's court shall recover the property that the person subjected to execution has at any time, including after the execution of the sentenced principal punishment. If it is really difficult to pay fines due to irresistible disasters, criminals may apply to the people's court for relief. After verification, the people's court may make an order to reduce or waive the amount of the fine determined in the original judgment. If the administrative organ imposes a fine on the defendant for the same fact, the people's court shall set it off when imposing the fine. If the defendant does not take the initiative to pay the fine after the judgment takes effect, the court shall enforce the recovery. If the property is unable to pay or hidden at that time, the court will pay at any time when it finds the property available for execution. If a prisoner does not pay a fine while serving his sentence and has the ability to execute it, commutation or parole shall be strictly controlled, and commutation or parole shall not be allowed. Those who actively implement property punishment shall be given leniency.

legal ground

Criminal law of the people's Republic of China

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.