If you buy fake goods online, you will buy 100 million more!
Chapter 267 It's not a question of punishment, it's a question of how many years
Chapter 267 It's not a question of punishment, it's a question of how many years
Hainan Island, the airport!
A plane from Tai'an landed slowly, and after taxiing for a certain distance on the runway, it stopped beside the terminal building.
Then the cabin door opened and the passengers got out of the plane with their luggage.
Among them was a man with a height of nearly 1.9 meters, who stood out from the crowd like a "standout" and was very conspicuous.
He was wearing a gray suit and carrying a black leather bag. His lenses reflected light and his eyes were extremely sharp.
It is Luo Dazhuang.
Next to him was Jiang Bai, who was carrying a shoulder bag and showing an anxious expression.
The two finally arrived at Hainan Island.
"Luo Dazhuang, please make a special trip this time."
After hearing Jiang Bai's words, Luo Dazhang patted him on the shoulder and said, "There is no need to be so polite between the two of us, let's go to the hotel first."
"Ok!"
Jiang Bai nodded heavily.
Having known each other for so long and having gone through so many cases together, the relationship between the two of them is no longer a simple client-agent relationship, but a friend and even a confidant!
So after hearing what happened to Jiang Bai's parents, Luo Dazhuang came with Jiang Bai without any hesitation.
Hainan Island is destined to cause some waves because of the arrival of these two men.
The two took a taxi at the airport and went straight to the hotel where Jiang's father and Jiang's mother stayed.
Mother Jiang was sitting on the bed, her left ankle was red and swollen, and she was covered with red medicine.
Father Jiang's right elbow was scratched, and the bleeding had stopped and a scab had formed.
Although neither of them were seriously injured, Jiang Bai's eyes turned red in an instant.
The parents are no longer young, and their bodies are not as good as before. It is good luck that there is no serious problem this time, but it still makes Jiang Bai afraid for a while.
And even if the physical injury is not serious, the psychological injury is unimaginable!
Jiang Bai blamed himself and felt sad.
If he had been more careful, maybe none of this would have happened.
But at the same time, Jiang Bai was also furious.
"Okay, son, don't do this, aren't we okay?"
"Let me tell you, this means that your father and I are getting older. If I were ten years younger, I would be rich enough to clean up those few dishes with one hand."
Father Jiang snorted Jiang Bai's head, his face full of indifference.
Laughing.
"Jiang Yuejun, how many dishes do you drink like this?"
Mother Jiang rolled her eyes at Father Jiang, and waved to Jiang Bai: "Son, don't listen to your father bragging, come and sit down."
Jiang Bai went to the bed and sat down.
She pursed her lips and smiled slightly at her mother.
He knew that his parents didn't want to worry and worry him.
But as a child, seeing his parents being bullied by others, this tone is pent up in his heart, which makes Jiang Bai feel almost suffocated.
"I will definitely make those who bully you pay the price!"
When Jiang Bai spoke, his expression was calm, but his tone revealed a strong determination.
Some people have to pay the price!
"Son, don't mess around, those are locals, and they are very powerful and have something to do with money..." Mother Jiang held her son's hand tightly, very worried.
Father Jiang's expression also became serious.
"Dad, Mom, don't worry, I know what's going on, I won't mess around." Jiang Bai waved his hand and joked, "I cooperate with Luo Dazhuang, it's a strong alliance, invincible."
"Lawyer Luo is here too?" Mother Jiang asked with a blink of an eye.
"Ah."
Jiang Bai nodded, then got up and went out, inviting Luo Dazhuang in.
After exchanging pleasantries, they began to talk about business.
Father Jiang briefly talked about what happened in the Huasheng jewelry market, until the two of them bought the Jade Guanyin pendant under the hood.
Then he sighed and said: "This is the routine of the jewelry market, first get close to us, lower our defenses, get closer, and then throw out very attractive discounts, so that we all feel that if we miss this time Opportunity, that is a great loss..."
Thinking about it afterwards, in fact, the routines in the jewelry market are not very clever.
Very simple, very superficial.
But here it accurately grasps human nature!
One is the intimacy of meeting fellow villagers in a different place.
The other one is greed!
In fact, all fraud routines, in the final analysis, have the same core and most critical point, which is to use people's greed!
How else can we say that being greedy for small things and suffering big losses?
Not only scams, but also promotions including shopping malls, 618 Double 11 shopping festival, KFC crazy Thursday, etc., are similar in principle.
Within the legal scope, that is a normal commercial promotion.
But once the red line of the law is crossed, it becomes a crime.
"First of all, it is not difficult to infer from the fact that Qian Cheng used his fellow alumni and other relationships to get close to tourists in a targeted and targeted manner. It is not difficult to infer that he obtained the identity information of the tour group members in advance!"
"So where did this information come from? Who provided it to them?"
"This may be suspected of violating citizens' personal information!"
Luo Dazhuang picked up the jade Guanyin pendant and said in a deep voice:
"Secondly, the so-called Hetian Jade Guanyin has been identified as fake, so the jewelry market may be involved in the crime of producing and selling fake and inferior products."
The crime of producing and selling fake and inferior products!
This crime is in Article 140 of the Criminal Law, which refers to the behavior of producers and sellers adulterating or adulterating products, passing off fake products as genuine ones, substandard products as good ones, or substandard products as qualified products.
If the sales amount is more than 5 yuan but less than 20 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be fined not less than 50.00% of the sales amount but not more than twice the amount;
Those whose sales amount is more than 20 yuan but less than 50 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50.00% of the sales amount but not more than twice the amount;
Those with a sales amount of more than 50 yuan but less than 200 million yuan shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50.00% of the sales amount but not more than twice the amount;
Whoever sells more than 200 million yuan shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50.00% but not more than twice the sales amount or have property confiscated.
After listening to Luo Dazhuang's explanation of the crime of producing and selling fake and inferior products, Jiang Bai frowned and said, "According to this regulation, the sales amount must be more than 5 yuan to meet the filing standard, but this Yuguanyin is only 6000 yuan. Yuan, isn't this not even up to the standards for filing a case?"
Luo Dazhuang said: "The standard for filing a case for this crime is not unique. The sales amount you mentioned is more than 5 yuan, which is only one of them."
"In addition to this, there are two other criteria for filing a case:"
"The counterfeit and inferior products have not yet been sold, and the value of the goods is more than 15 yuan;"
"Or, the sales amount of counterfeit and shoddy products is less than 5 yuan, but after multiplying the sales amount by three times, the total value of the counterfeit and shoddy products that have not been sold is more than 15 yuan."
"As long as one of these three situations is met, the case can be filed for prosecution!"
Jiang Bai nodded slowly, thinking about it: "There must be more than one piece of fake jade in that Huasheng jewelry market. It should not be a problem if the value exceeds 15. In this way, it should be possible to file a case!"
Luo Dazhuang shook his head and said, "It's not that simple. Although there is no problem in filing the case, but...the amount is too small. Even if the court is held, the other party will probably not have too much trouble."
"You mean, let me find more victims?" Jiang Bai's eyes lit up, and he instantly understood Luo Dazhuang's meaning.
"That's just one aspect."
"Find more victims and increase the amount involved in the case as much as possible. The higher the amount, the heavier the sentence."
Luo Dazhuang said: "In addition, if this case can be classified as a crime of fraud, the sentence will be heavier!"
"So when we report the case, we must present the case in the role of the deceived."
In a certain situation, the crime of fraud is quite similar to the crime of producing and selling fake and inferior products.
For example, in this case, false publicity in the jewelry market, fabricated facts, and the purpose of illegal possession, allowing customers to dispose of property (purchase jade) based on misunderstandings, fully meet the constituent elements of the crime of fraud.
But judging from the constituent elements of the crime of producing and selling counterfeit and inferior products, it also meets the requirements.
What kind of crime can be convicted in the end depends on the actual situation and the improvisation of the lawyer.
But one thing is indisputable.
That is, in the case of the same amount of money, the sentencing of the crime of fraud is heavier than the crime of producing and selling fake and inferior products!
"You should be familiar with the crime of fraud. I have seen your video. In the case of your first online shopping, you were finally convicted of fraud."
After hearing Luo Dazhuang's words, Jiang Bai's eyes lit up immediately.
In fact, he also reported the crime of fraud because he did not understand the crime of producing and selling fake and inferior products. He only knew about the crime of fraud.
In the end, he was convicted of fraud.
These two cases are very similar!
Since online shopping can be classified as fraud, this may not be impossible!
Even if the crime of fraud is not established, at least there is a crime of producing and selling fake and inferior products to cover the bottom line.
In addition, there is a crime of violating citizens' personal information!
The crime of violating citizens' personal information not only refers to selling or providing citizens' personal information to others, but also includes stealing or illegally obtaining citizens' personal information by other means.
To put it simply, both the supply and demand sides are guilty of crimes!
Add punishment to punishment!
Jiang Bai asked suddenly: "By the way, Luo Dazhuang, the jewelry market sells fake jade, but there is a jade authentication certificate. Will this be suspected of the crime of buying and selling documents?"
Among the many crimes committed by that unscrupulous doctor Zhang Renjie was the crime of buying and selling documents.
The jade sold in the jewelry market is obviously fake, but it has a test certificate.
Don't think about it, this certificate must be fake.
Isn't this one more crime?
Luo Dazhuang nodded and said: "Well, there is such a suspicion, you can explain it to the police when you report the case."
next to.
Both Jiang's father and Jiang's mother blinked.
Although they don't know much about the law, and they don't understand the procedures and regulations of handling cases and opening courts, they can hear that the jewelry market is probably going to be unlucky.
"Dad, Mom, do you have the contact information of other people in the group?" Jiang Bai asked.
"Yes, yes, the tour guide created a prestige group when we set off."
"Huh? How did I get kicked..."
Mother Jiang was annoyed when she saw the notice "You have been removed from the group chat" on Weixin.
Obviously, it was the tour guide Li Chenwei who did it.
Still quite vigilant.
"I have one of the big brothers on the phone, and I remember when I was in the jewelry market yesterday, he bought something too."
At this moment Father Jiang said.
"Great, Dad, you call him and try to pull him over. It's best to find as many victims as possible, the more the better!"
"it is good."
Father Jiang walked to the bathroom with his mobile phone and started making calls.
At this time, the tour group should have returned to the hotel to rest after a day's trip, and it is convenient to talk on the phone, so there is no need to worry about being discovered by Li Chenwei.
Jiang Bai asked his mother to continue telling what happened at the Ju Wuwei Seafood Restaurant at noon.
This is what angered him the most.
Especially when he heard that the owner of the restaurant dropped his mother's cell phone and pushed his father, who had stepped forward to argue, to the ground, his anger erupted like a volcano.
"Juwuwei, Juwuwei..." Jiang Bai repeated the name of the restaurant through gritted teeth.
"Clap!"
Luo Dazhang patted him on the shoulder lightly, and said, "The more you have to be calm and rational at this time."
"I understand." Jiang Bai nodded slowly, and asked with a long breath: "Luo Dazhuang, is this restaurant punishable?"
He was so outraged now that he could hardly think calmly.
"This restaurant is no longer a matter of punishment or impunity, but a matter of the responsible person going in for a few years!"
Luo Dazhang grinned and said slowly:
"Broken mobile phone, suspected of intentional damage to property."
"Pushing and beating people is suspected of intentional injury."
"Buying and selling by force is suspected of the crime of forced transaction."
"Preventing guests from leaving is suspected of illegal detention."
"In addition, there is another crime called organizing, leading, and participating in an H social organization. It has been so many years, and there are still people pretending to be H social big G everywhere, who do you look down on?"
"Oh, by the way, work hard, maybe you can get another crime of robbery."
"This case is enough for three auxiliary police officers to become full-timers."
Jiang Bai was shocked.
The crime of intentionally destroying property + the crime of intentional injury + the crime of forced trading + the crime of illegal detention + the crime of organizing, leading, and participating in H social organizations + the crime of robbery...
A total of six crimes!
If this is all established, how many years will be sentenced?
Jiang Bai snapped his fingers and began to count.
Luo Dazhang said slowly: "If all six charges are convicted, it is estimated that the boss will be indefinitely and there will be no problem at all."
punishment!
Jiang Bai immediately felt comfortable all over.
but……
He thought of another question.
"The crime of intentionally destroying property requires a loss of more than 5000 yuan, right? My mother's mobile phone was only [-] yuan when I bought it."
Isn't this one less crime?
"You still remember that I told you before that many provisions in the criminal law are inextricably linked to the number '3'."
Luo Dazhang is smiling, like a thousand-year-old fox.
"Destroying public or private property more than three times, regardless of the amount of money, constitutes the crime of intentionally destroying property."
"In addition, if more than three people are gathered to openly destroy public and private property, it is also a crime!"
"There were more than three restaurant staff at the scene."
"And when the other party destroyed the mobile phone, he was also accompanied by acts of intimidation and injury. This may be considered as 'other serious circumstances', so even if the amount, frequency and number of people are not enough, he can still be convicted!"
This is Luo Dazhuang.
For him, there is no such word as "not punished".
If you say you are punished, you will be punished, and if you are not punished, you will be punished.
If it is not punished, it will not be punished, and if it is not punished, it will not be punished.
Jiang Bai breathed a sigh of relief.
Huasheng Jewelry Market and Juwuwei Seafood Restaurant are both gone.
Even tour guides cannot escape the responsibility.
But this is not over yet, the instigator of everything - Geyun Travel Agency can't let go!
Luo Dazhuang read the contract carefully, and said slowly: "The contract is fine, it is the one you showed me last time, the other party did not play the yin-yang contract routine."
"This contract must have been drafted or checked by a special legal counsel."
"From the point of view of the contract alone, it is difficult to trouble the travel agency."
Jiang Bai frowned slightly and said, "Could it be that the travel agency just let it go?"
He was not reconciled.
It all started with the travel agency, and it was the travel agency that worked hand-in-hand with the jewelry market and the seafood restaurant to get it right.
In any case, travel agencies cannot escape.
"Don't worry, take it step by step, clean up the jewelry market and seafood restaurant first, maybe in the process, we will find the travel agency's flaws and evidence." Luo Dazhuang persuaded.
"Okay, then listen to you."
Jiang Bai nodded.
At this time, Father Jiang came out of the bathroom after finishing the phone call.
"Dad, how is it?" Jiang Bai asked quickly.
Father Jiang said: "Brother Li didn't rush to agree, he just said that he would find an opportunity to have an appraisal at noon tomorrow. If it is proved to be fake, he should join, because he bought the jade brave and spent seventy-eight thousand. "
Seventy-eight thousand!
This old brother Li is definitely the one who lost the most in this tour group, not one of them.
If he knew that the Jade Pixiu he spent a lot of money on was a fake, he would definitely not let it go.
It is likely to persuade others to defend their rights together.
The final amount might reach 20!
Silent all night.
The next day, just as the sun rose, the busy day began.
Jiang Bai first took his parents to a tertiary hospital in the city for an injury check!
The injury report showed that both Jiang's father and Jiang's mother met the standard of minor injuries.
Reaching the minor injury standard means that you can be sentenced.
Jiang Bai sent his parents back to the hotel, while he took Jiang's mother's mobile phone and found a professional repair organization to restore the data.
Fortunately, the phone was only damaged by simple and rough physical damage. Although it was thrown into pieces and its normal functions could not be used, the memory card was not damaged, and data recovery was also very simple.
Not long after, the data was recovered successfully, and Jiang Bai got the video taken by his mother in the restaurant.
This is crucial evidence!
Jiang Bai bought a new mobile phone for his mother at the nearby mobile phone store.
Then, he found two jade appraisal institutions to appraise the Jade Guanyin Pendant and got the appraisal report.
In addition to the one made by Jiang's father and Jiang's mother before, there are a total of three appraisal reports, which are full of weight.
Plus invoices from the jewelry market, etc.
The evidence is almost enough.
The next thing to do is call the police!
Jiang Bai pushed Jiang's mother in a wheelchair, and walked into the Qiongshan District Police Station of Haizui City together with his father and Luo Dazhuang. After taking the number and equal sign, he came to window No. 4.
"Hello, what can I do for you?"
Zhou Yanbing, a heroic policewoman with short hair, looked at the people in front of the window and asked with a smile.
"Hi comrade police, we want to call the police!"
After reading everyone's comments on Jiang's mother's part of the plot, I also reflected on it. The writing is really poisonous, so I made some changes to the previous chapters.
Changed the plot of Jiang’s mother’s stubbornness and disobedience, and changed the incident of being cheated on a group trip to a chance encounter. In this incident, Jiang’s father and Jiang’s mother had no obvious faults, nor did Jiang Bai. It can only be said that it was luck Unfortunately, I ran into a pit, or in other words, it was Jiang Bai's damn "Murphy Physique" that was causing the trouble.
another,
In the past few days, I was woken up every morning by the loudspeaker downstairs doing nucleic acid. I didn't get enough sleep, which led to a bad state and a lack of energy throughout the day...
Today's update is a little hip, and only [-] words have been updated.
Tomorrow the [-]D will be updated, I can’t live broadcast the upside-down nest Baba`Д|
(End of this chapter)
Hainan Island, the airport!
A plane from Tai'an landed slowly, and after taxiing for a certain distance on the runway, it stopped beside the terminal building.
Then the cabin door opened and the passengers got out of the plane with their luggage.
Among them was a man with a height of nearly 1.9 meters, who stood out from the crowd like a "standout" and was very conspicuous.
He was wearing a gray suit and carrying a black leather bag. His lenses reflected light and his eyes were extremely sharp.
It is Luo Dazhuang.
Next to him was Jiang Bai, who was carrying a shoulder bag and showing an anxious expression.
The two finally arrived at Hainan Island.
"Luo Dazhuang, please make a special trip this time."
After hearing Jiang Bai's words, Luo Dazhang patted him on the shoulder and said, "There is no need to be so polite between the two of us, let's go to the hotel first."
"Ok!"
Jiang Bai nodded heavily.
Having known each other for so long and having gone through so many cases together, the relationship between the two of them is no longer a simple client-agent relationship, but a friend and even a confidant!
So after hearing what happened to Jiang Bai's parents, Luo Dazhuang came with Jiang Bai without any hesitation.
Hainan Island is destined to cause some waves because of the arrival of these two men.
The two took a taxi at the airport and went straight to the hotel where Jiang's father and Jiang's mother stayed.
Mother Jiang was sitting on the bed, her left ankle was red and swollen, and she was covered with red medicine.
Father Jiang's right elbow was scratched, and the bleeding had stopped and a scab had formed.
Although neither of them were seriously injured, Jiang Bai's eyes turned red in an instant.
The parents are no longer young, and their bodies are not as good as before. It is good luck that there is no serious problem this time, but it still makes Jiang Bai afraid for a while.
And even if the physical injury is not serious, the psychological injury is unimaginable!
Jiang Bai blamed himself and felt sad.
If he had been more careful, maybe none of this would have happened.
But at the same time, Jiang Bai was also furious.
"Okay, son, don't do this, aren't we okay?"
"Let me tell you, this means that your father and I are getting older. If I were ten years younger, I would be rich enough to clean up those few dishes with one hand."
Father Jiang snorted Jiang Bai's head, his face full of indifference.
Laughing.
"Jiang Yuejun, how many dishes do you drink like this?"
Mother Jiang rolled her eyes at Father Jiang, and waved to Jiang Bai: "Son, don't listen to your father bragging, come and sit down."
Jiang Bai went to the bed and sat down.
She pursed her lips and smiled slightly at her mother.
He knew that his parents didn't want to worry and worry him.
But as a child, seeing his parents being bullied by others, this tone is pent up in his heart, which makes Jiang Bai feel almost suffocated.
"I will definitely make those who bully you pay the price!"
When Jiang Bai spoke, his expression was calm, but his tone revealed a strong determination.
Some people have to pay the price!
"Son, don't mess around, those are locals, and they are very powerful and have something to do with money..." Mother Jiang held her son's hand tightly, very worried.
Father Jiang's expression also became serious.
"Dad, Mom, don't worry, I know what's going on, I won't mess around." Jiang Bai waved his hand and joked, "I cooperate with Luo Dazhuang, it's a strong alliance, invincible."
"Lawyer Luo is here too?" Mother Jiang asked with a blink of an eye.
"Ah."
Jiang Bai nodded, then got up and went out, inviting Luo Dazhuang in.
After exchanging pleasantries, they began to talk about business.
Father Jiang briefly talked about what happened in the Huasheng jewelry market, until the two of them bought the Jade Guanyin pendant under the hood.
Then he sighed and said: "This is the routine of the jewelry market, first get close to us, lower our defenses, get closer, and then throw out very attractive discounts, so that we all feel that if we miss this time Opportunity, that is a great loss..."
Thinking about it afterwards, in fact, the routines in the jewelry market are not very clever.
Very simple, very superficial.
But here it accurately grasps human nature!
One is the intimacy of meeting fellow villagers in a different place.
The other one is greed!
In fact, all fraud routines, in the final analysis, have the same core and most critical point, which is to use people's greed!
How else can we say that being greedy for small things and suffering big losses?
Not only scams, but also promotions including shopping malls, 618 Double 11 shopping festival, KFC crazy Thursday, etc., are similar in principle.
Within the legal scope, that is a normal commercial promotion.
But once the red line of the law is crossed, it becomes a crime.
"First of all, it is not difficult to infer from the fact that Qian Cheng used his fellow alumni and other relationships to get close to tourists in a targeted and targeted manner. It is not difficult to infer that he obtained the identity information of the tour group members in advance!"
"So where did this information come from? Who provided it to them?"
"This may be suspected of violating citizens' personal information!"
Luo Dazhuang picked up the jade Guanyin pendant and said in a deep voice:
"Secondly, the so-called Hetian Jade Guanyin has been identified as fake, so the jewelry market may be involved in the crime of producing and selling fake and inferior products."
The crime of producing and selling fake and inferior products!
This crime is in Article 140 of the Criminal Law, which refers to the behavior of producers and sellers adulterating or adulterating products, passing off fake products as genuine ones, substandard products as good ones, or substandard products as qualified products.
If the sales amount is more than 5 yuan but less than 20 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be fined not less than 50.00% of the sales amount but not more than twice the amount;
Those whose sales amount is more than 20 yuan but less than 50 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50.00% of the sales amount but not more than twice the amount;
Those with a sales amount of more than 50 yuan but less than 200 million yuan shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50.00% of the sales amount but not more than twice the amount;
Whoever sells more than 200 million yuan shall be sentenced to 15 years of fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50.00% but not more than twice the sales amount or have property confiscated.
After listening to Luo Dazhuang's explanation of the crime of producing and selling fake and inferior products, Jiang Bai frowned and said, "According to this regulation, the sales amount must be more than 5 yuan to meet the filing standard, but this Yuguanyin is only 6000 yuan. Yuan, isn't this not even up to the standards for filing a case?"
Luo Dazhuang said: "The standard for filing a case for this crime is not unique. The sales amount you mentioned is more than 5 yuan, which is only one of them."
"In addition to this, there are two other criteria for filing a case:"
"The counterfeit and inferior products have not yet been sold, and the value of the goods is more than 15 yuan;"
"Or, the sales amount of counterfeit and shoddy products is less than 5 yuan, but after multiplying the sales amount by three times, the total value of the counterfeit and shoddy products that have not been sold is more than 15 yuan."
"As long as one of these three situations is met, the case can be filed for prosecution!"
Jiang Bai nodded slowly, thinking about it: "There must be more than one piece of fake jade in that Huasheng jewelry market. It should not be a problem if the value exceeds 15. In this way, it should be possible to file a case!"
Luo Dazhuang shook his head and said, "It's not that simple. Although there is no problem in filing the case, but...the amount is too small. Even if the court is held, the other party will probably not have too much trouble."
"You mean, let me find more victims?" Jiang Bai's eyes lit up, and he instantly understood Luo Dazhuang's meaning.
"That's just one aspect."
"Find more victims and increase the amount involved in the case as much as possible. The higher the amount, the heavier the sentence."
Luo Dazhuang said: "In addition, if this case can be classified as a crime of fraud, the sentence will be heavier!"
"So when we report the case, we must present the case in the role of the deceived."
In a certain situation, the crime of fraud is quite similar to the crime of producing and selling fake and inferior products.
For example, in this case, false publicity in the jewelry market, fabricated facts, and the purpose of illegal possession, allowing customers to dispose of property (purchase jade) based on misunderstandings, fully meet the constituent elements of the crime of fraud.
But judging from the constituent elements of the crime of producing and selling counterfeit and inferior products, it also meets the requirements.
What kind of crime can be convicted in the end depends on the actual situation and the improvisation of the lawyer.
But one thing is indisputable.
That is, in the case of the same amount of money, the sentencing of the crime of fraud is heavier than the crime of producing and selling fake and inferior products!
"You should be familiar with the crime of fraud. I have seen your video. In the case of your first online shopping, you were finally convicted of fraud."
After hearing Luo Dazhuang's words, Jiang Bai's eyes lit up immediately.
In fact, he also reported the crime of fraud because he did not understand the crime of producing and selling fake and inferior products. He only knew about the crime of fraud.
In the end, he was convicted of fraud.
These two cases are very similar!
Since online shopping can be classified as fraud, this may not be impossible!
Even if the crime of fraud is not established, at least there is a crime of producing and selling fake and inferior products to cover the bottom line.
In addition, there is a crime of violating citizens' personal information!
The crime of violating citizens' personal information not only refers to selling or providing citizens' personal information to others, but also includes stealing or illegally obtaining citizens' personal information by other means.
To put it simply, both the supply and demand sides are guilty of crimes!
Add punishment to punishment!
Jiang Bai asked suddenly: "By the way, Luo Dazhuang, the jewelry market sells fake jade, but there is a jade authentication certificate. Will this be suspected of the crime of buying and selling documents?"
Among the many crimes committed by that unscrupulous doctor Zhang Renjie was the crime of buying and selling documents.
The jade sold in the jewelry market is obviously fake, but it has a test certificate.
Don't think about it, this certificate must be fake.
Isn't this one more crime?
Luo Dazhuang nodded and said: "Well, there is such a suspicion, you can explain it to the police when you report the case."
next to.
Both Jiang's father and Jiang's mother blinked.
Although they don't know much about the law, and they don't understand the procedures and regulations of handling cases and opening courts, they can hear that the jewelry market is probably going to be unlucky.
"Dad, Mom, do you have the contact information of other people in the group?" Jiang Bai asked.
"Yes, yes, the tour guide created a prestige group when we set off."
"Huh? How did I get kicked..."
Mother Jiang was annoyed when she saw the notice "You have been removed from the group chat" on Weixin.
Obviously, it was the tour guide Li Chenwei who did it.
Still quite vigilant.
"I have one of the big brothers on the phone, and I remember when I was in the jewelry market yesterday, he bought something too."
At this moment Father Jiang said.
"Great, Dad, you call him and try to pull him over. It's best to find as many victims as possible, the more the better!"
"it is good."
Father Jiang walked to the bathroom with his mobile phone and started making calls.
At this time, the tour group should have returned to the hotel to rest after a day's trip, and it is convenient to talk on the phone, so there is no need to worry about being discovered by Li Chenwei.
Jiang Bai asked his mother to continue telling what happened at the Ju Wuwei Seafood Restaurant at noon.
This is what angered him the most.
Especially when he heard that the owner of the restaurant dropped his mother's cell phone and pushed his father, who had stepped forward to argue, to the ground, his anger erupted like a volcano.
"Juwuwei, Juwuwei..." Jiang Bai repeated the name of the restaurant through gritted teeth.
"Clap!"
Luo Dazhang patted him on the shoulder lightly, and said, "The more you have to be calm and rational at this time."
"I understand." Jiang Bai nodded slowly, and asked with a long breath: "Luo Dazhuang, is this restaurant punishable?"
He was so outraged now that he could hardly think calmly.
"This restaurant is no longer a matter of punishment or impunity, but a matter of the responsible person going in for a few years!"
Luo Dazhang grinned and said slowly:
"Broken mobile phone, suspected of intentional damage to property."
"Pushing and beating people is suspected of intentional injury."
"Buying and selling by force is suspected of the crime of forced transaction."
"Preventing guests from leaving is suspected of illegal detention."
"In addition, there is another crime called organizing, leading, and participating in an H social organization. It has been so many years, and there are still people pretending to be H social big G everywhere, who do you look down on?"
"Oh, by the way, work hard, maybe you can get another crime of robbery."
"This case is enough for three auxiliary police officers to become full-timers."
Jiang Bai was shocked.
The crime of intentionally destroying property + the crime of intentional injury + the crime of forced trading + the crime of illegal detention + the crime of organizing, leading, and participating in H social organizations + the crime of robbery...
A total of six crimes!
If this is all established, how many years will be sentenced?
Jiang Bai snapped his fingers and began to count.
Luo Dazhang said slowly: "If all six charges are convicted, it is estimated that the boss will be indefinitely and there will be no problem at all."
punishment!
Jiang Bai immediately felt comfortable all over.
but……
He thought of another question.
"The crime of intentionally destroying property requires a loss of more than 5000 yuan, right? My mother's mobile phone was only [-] yuan when I bought it."
Isn't this one less crime?
"You still remember that I told you before that many provisions in the criminal law are inextricably linked to the number '3'."
Luo Dazhang is smiling, like a thousand-year-old fox.
"Destroying public or private property more than three times, regardless of the amount of money, constitutes the crime of intentionally destroying property."
"In addition, if more than three people are gathered to openly destroy public and private property, it is also a crime!"
"There were more than three restaurant staff at the scene."
"And when the other party destroyed the mobile phone, he was also accompanied by acts of intimidation and injury. This may be considered as 'other serious circumstances', so even if the amount, frequency and number of people are not enough, he can still be convicted!"
This is Luo Dazhuang.
For him, there is no such word as "not punished".
If you say you are punished, you will be punished, and if you are not punished, you will be punished.
If it is not punished, it will not be punished, and if it is not punished, it will not be punished.
Jiang Bai breathed a sigh of relief.
Huasheng Jewelry Market and Juwuwei Seafood Restaurant are both gone.
Even tour guides cannot escape the responsibility.
But this is not over yet, the instigator of everything - Geyun Travel Agency can't let go!
Luo Dazhuang read the contract carefully, and said slowly: "The contract is fine, it is the one you showed me last time, the other party did not play the yin-yang contract routine."
"This contract must have been drafted or checked by a special legal counsel."
"From the point of view of the contract alone, it is difficult to trouble the travel agency."
Jiang Bai frowned slightly and said, "Could it be that the travel agency just let it go?"
He was not reconciled.
It all started with the travel agency, and it was the travel agency that worked hand-in-hand with the jewelry market and the seafood restaurant to get it right.
In any case, travel agencies cannot escape.
"Don't worry, take it step by step, clean up the jewelry market and seafood restaurant first, maybe in the process, we will find the travel agency's flaws and evidence." Luo Dazhuang persuaded.
"Okay, then listen to you."
Jiang Bai nodded.
At this time, Father Jiang came out of the bathroom after finishing the phone call.
"Dad, how is it?" Jiang Bai asked quickly.
Father Jiang said: "Brother Li didn't rush to agree, he just said that he would find an opportunity to have an appraisal at noon tomorrow. If it is proved to be fake, he should join, because he bought the jade brave and spent seventy-eight thousand. "
Seventy-eight thousand!
This old brother Li is definitely the one who lost the most in this tour group, not one of them.
If he knew that the Jade Pixiu he spent a lot of money on was a fake, he would definitely not let it go.
It is likely to persuade others to defend their rights together.
The final amount might reach 20!
Silent all night.
The next day, just as the sun rose, the busy day began.
Jiang Bai first took his parents to a tertiary hospital in the city for an injury check!
The injury report showed that both Jiang's father and Jiang's mother met the standard of minor injuries.
Reaching the minor injury standard means that you can be sentenced.
Jiang Bai sent his parents back to the hotel, while he took Jiang's mother's mobile phone and found a professional repair organization to restore the data.
Fortunately, the phone was only damaged by simple and rough physical damage. Although it was thrown into pieces and its normal functions could not be used, the memory card was not damaged, and data recovery was also very simple.
Not long after, the data was recovered successfully, and Jiang Bai got the video taken by his mother in the restaurant.
This is crucial evidence!
Jiang Bai bought a new mobile phone for his mother at the nearby mobile phone store.
Then, he found two jade appraisal institutions to appraise the Jade Guanyin Pendant and got the appraisal report.
In addition to the one made by Jiang's father and Jiang's mother before, there are a total of three appraisal reports, which are full of weight.
Plus invoices from the jewelry market, etc.
The evidence is almost enough.
The next thing to do is call the police!
Jiang Bai pushed Jiang's mother in a wheelchair, and walked into the Qiongshan District Police Station of Haizui City together with his father and Luo Dazhuang. After taking the number and equal sign, he came to window No. 4.
"Hello, what can I do for you?"
Zhou Yanbing, a heroic policewoman with short hair, looked at the people in front of the window and asked with a smile.
"Hi comrade police, we want to call the police!"
After reading everyone's comments on Jiang's mother's part of the plot, I also reflected on it. The writing is really poisonous, so I made some changes to the previous chapters.
Changed the plot of Jiang’s mother’s stubbornness and disobedience, and changed the incident of being cheated on a group trip to a chance encounter. In this incident, Jiang’s father and Jiang’s mother had no obvious faults, nor did Jiang Bai. It can only be said that it was luck Unfortunately, I ran into a pit, or in other words, it was Jiang Bai's damn "Murphy Physique" that was causing the trouble.
another,
In the past few days, I was woken up every morning by the loudspeaker downstairs doing nucleic acid. I didn't get enough sleep, which led to a bad state and a lack of energy throughout the day...
Today's update is a little hip, and only [-] words have been updated.
Tomorrow the [-]D will be updated, I can’t live broadcast the upside-down nest Baba`Д|
(End of this chapter)
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