Lawyer

Chapter 430 Chapter 454 Chapter 455 (Consolidated Chapters) Theft VS Fraud
The uniforms of the police and the auxiliary police are too conspicuous. Zou Guang does not have a uniform. After thinking about it, he thinks it is the most convenient to pretend to be plainclothes, without changing clothes and saving costs.Why!Doing anything these days has to talk about cost.

However, he was afraid of being caught and given a heavy sentence for pretending to be a plainclothes man. When he was serving his sentence in prison, one of his inmates was caught for posing as a policeman to defraud him, and he was sentenced to a heavy sentence.In the end, he decided to pretend to be a staff member helping the police handle the case, asking passers-by to assist in handling the case, and targeted minors, who are relatively innocent and easy to gain trust.

With the means of committing crimes and the target group, how to cash them out?He observed for a long time, and minors generally don't carry much money, but most of them have mobile phones, and they are all good mobile phones, so he set his sights on mobile phones.

There are many stalls in the electronic market that collect second-hand mobile phones. Mobile phones without receipts are much cheaper than mobile phones with receipts. Because everyone knows that the origin of such mobile phones is unknown, so the price is lowered openly.

Since then, Zou Guang wandered around schools in various districts, specifically approached minors, and confiscated the other party's mobile phone for inspection on the grounds that he was involved in criminal cases and needed to identify criminal suspects.After getting the mobile phone, he will excuse the car parked far away and need to drive or fabricate other reasons to ask the victim to wait where he is and not to wander around.After that, he fled the scene and went to the second-hand electronics market to sell the stolen goods. He squandered all the stolen money.

At the beginning, he was terrified, but later he found that as long as he said that the other party was involved in a criminal case, no matter whether it was a boy or a girl, he would be honest and obediently cooperate and hand over the phone.He also became more and more courageous, running around in various districts in the city.

Minors lack social experience and are easy to be fooled, but parents are not easy to be fooled. After receiving reports from many parents, Zou Guang's behavior also attracted the attention of the public security department.Just when he was proud of his horseshoe disease, the public security department launched a large-scale investigation based on the information reported by the students' parents.

While deploying police forces to cast nets around the school, they sent people to visit the electronic market, the largest distribution center for second-hand mobile phones in the city.

There are several booths trading with Zou Guang in the electronic market, one of which is the surname of Zhang, an inmate he met in prison. During the investigation process, the police selected inmate Zhang who had a criminal record as the key investigation target. It happened that inmate Zhang Received several unticketed mobile phones and was caught by the police.

Prisoner Zhang’s original business was not black and white, but now he pulled out the carrot and brought out the mud. In order to reduce the punishment, he revealed the matter of Zou Guang. The police asked him to cooperate in the arrest of Zou Guang. If he succeeded, he could suggest the prosecution The clerk did not prosecute him.

Prisoner Zhang nodded his head like a chicken pecking rice. He didn't want to enter the palace again. As the saying goes, a dead Taoist friend never dies a poor man, so he called Zou Guang out with a phone call, and Zou Guang was arrested again.

"How many mobile phones did you get?" Fang Yi asked.

"Five, just five, an old Nokia model, worth more than 1000 yuan, a Lenovo mobile phone worth a few hundred yuan, and three Samsung mobile phones, each worth [-] to [-] yuan. It's amazing, and I only paid [-] yuan in total." Zou Guang said.

"You also told the public security organs and the procuratorate about five mobile phones?" Fang Yi asked looking into his eyes.

"Yes, there are only five volumes in total, really." Zou Guang rolled his eyes, not daring to look at Fang Yi.

Fang Yi knew that he was definitely not telling the truth, but why did the police and the procuratorate not dig him down.

In fact, Fang Yi's guess was really right. Zou Guang had been roaming around the city for more than two months, how could he have got five mobile phones (inmate Zhang didn't tell the truth to the police), but many parents didn't report the case, and these five mobile phones There is another one that Zou Guang was scammed by the police.

Speaking of it, Zou Guang was also unlucky. The three parents who reported the case before were all ordinary people. After the police registered, they all dealt with ordinary theft cases. Results are available soon after operation.

After returning from the detention center, Fang Yi took a break after lunch and went straight to the procuratorate to investigate the case, and communicated with the prosecutor in charge of the case.

In the afternoon of the next day, Zou Guang's father, Zou Daliang, walked into the conference room of the law firm again.

"Lawyer Fang, how about my son's case? Do you think it's theft or fraud?" Zou Darliang stretched his neck, staring at Fang Yi and asked.

In his opinion, the crime of fraud seems to be more serious than the crime of theft. Zou Guang was sentenced for one year for participating in the theft, so he has some understanding of the crime of theft.

"I think Zou Guang constitutes a crime of fraud, not theft. I agree with the Procuratorate." Fang Yidao.

"Why?" Zou Daliang asked.

"Hmm... there are some theoretical issues involved here, I will try to explain it to you in plain language.

From the point of view of the distinction between the crime of fraud and the crime of theft, the mainstream view in theoretical circles and judicial practice holds that the difference between the two crimes lies in whether the victim disposes of his own property based on a wrong understanding.

To put it bluntly, the crime of fraud is to brainwash the victim with certain fraudulent means. After being deceived, the victim voluntarily hands over property to the liar. It is a crime of stealing property against the will of the victim.

I personally think that the crime of fraud mainly uses deceitful means to defraud property, with the focus on deception; the crime of theft usually steals property by secret means, with the focus on stealing.

Let me give you an analogy. For example, if you meet someone on the street asking for help and borrowing your mobile phone to make a call, what would you do? "Fang Yi asked.

"It doesn't cost much to make a phone call, so use it." Zou Darian said.

"Are you staring at him, are you worried that he will take your phone away?" Fang Yi asked.

"Well... definitely. I don't know him." Zou Darian hesitated.

"That's right, because there's a lack of trust between you.

Therefore, in the normal process of borrowing a mobile phone, if there is no trust relationship between the lender and the borrower of the mobile phone, the lender will definitely pay close attention to the usage of the mobile phone after lending the mobile phone, so as to take back the mobile phone in time.

If the borrower takes advantage of the victim's unpreparedness by making a phone call, sneaks away with the mobile phone and leaves the scene, thereby illegally possessing the mobile phone.Then the behavior of the borrower may constitute the crime of theft.

The case of your son Zou Guang is different from the above situation.

Zou Guang pretended to be a staff member helping the police to handle the case, thereby gaining the trust of the minor, defrauding the minor of the mobile phone, and then using various reasons to make the minor fall into a wrong understanding, agreeing that he would leave the scene with the mobile phone and leave the scene at the original location. Waiting for him to come back and return the phone.

Judging from the entire process of the case, Zou Guang mainly obtained the victim's (minor) mobile phone by defrauding rather than stealing, so Zou Guang's behavior did not meet the constituent elements of the crime of theft.

Possession in criminal law is different from the concept of daily possession.For example, Zou Guang took the mobile phone away from the scene after borrowing it. If the victim did not stop him, he should think that the possession and control relationship of the mobile phone had changed, and the victim had actually mishandled the property due to being deceived.

As far as your son's case is concerned, the victim handed over the mobile phone to your son Zou Guang, which was just the delivery of the mobile phone. Your son Zou Guang took the mobile phone away from the scene, and the victim did not take effective measures to stop it. Only at this time did the disposition of property take place .

In this case, due to Zou Guang’s deceitful behavior, the victim fell into a misunderstanding, which led to the mobile phone being taken away. The victim was present from the beginning to the end. The victim always thought that Zou Guang would come back and return the mobile phone, so this case is more in line with the essential characteristics of the crime of fraud.You get it! "Fang Yi explained.

"Oh, although I don't really understand, but I understand what you mean. One is cheating, and the other is stealing. Just like Li Da's ass in our village, we used money to buy shares, invested in setting up factories, and then rolled up the money It’s about running. Is that what you mean?” Zou Darian asked back.

"Yes, that's what it means." Fang Yi said.

"Then...Lawyer Fang, the crime of theft or fraud is more serious?" Zou Darliang is most concerned about which crime is more beneficial to his son Zou Guang.

"Let me explain it to you in this way, according to the Criminal Law:
Whoever steals public or private property in a relatively large amount, or commits repeated thefts, burglary, theft with a murder weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance, and shall be fined concurrently or solely; if the amount is huge or there are other serious circumstances if the amount involved is particularly huge or other especially serious circumstances exist, the sentence is to be not less than ten years or life imprisonment and a fine or confiscation of property.

Defrauding public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to a fine; If the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be fixed-term imprisonment of not less than ten years or life imprisonment and concurrently to a fine or confiscation of property. "Fang Yi said.

"If that's the case, the severity of the two crimes is about the same." Zou Darian blinked and said.

"It's not what you said. On the surface, the penalties for the two charges are three grades, and they are the same, but the starting points are different.

《最高人民法院、最高人民检察院关于办理盗窃刑事案件适用法律若干问题的解释》第一条规定，盗窃公私财物价值1000元至3000元以上为‘数额较大’，3万元至10万元以上为‘数额巨大’，30万元至50万元以上的为‘数额特别巨大’。

However, according to Article 3000 of the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Fraud Cases, defrauding public and private property worth between 1 yuan and 3 yuan is considered a "large amount", and 10 yuan to More than 50 yuan is defined as a 'huge amount', and more than [-] yuan is defined as an 'extremely huge amount'.

The crime amount of your son Zou Guang is more than 9000 yuan, which is less than [-] yuan. Our province has no special regulations on the amount of crimes for these two charges. Therefore, referring to the above explanation, the amount of your son's crimes should belong to the "lower amount" of the two charges. big'.

However, the starting point for the crime of theft is lower than that for the crime of fraud. In the case of the same amount of money, generally speaking, the punishment for the crime of theft is heavier.Of course, this is not absolute, it depends on the circumstances of the case.

Your son has a previous criminal record and was punished, and within five years, commits a crime again, which constitutes a recidivist. He will be punished severely this time. "Fang Yi said.

"Ah! Then how many years will my son be sentenced?" Zou Darliang looked at Fang Yi in astonishment. The lawyer had never mentioned the recidivism before. At this time, Fang Yi's words made his brain a little bit overwhelmed.

"According to the "Criminal Law", he should be sentenced to fixed-term imprisonment of less than three years. The possibility of criminal detention and surveillance is unlikely, because he is a recidivist, and probation is not applicable. I will defend him as a misdemeanor." Fang Yidao.

After hearing this, Zou Darliang was a little distracted, and sighed after a while: "Hey! I didn't learn well when I was young, and I just went in after a few days after I came out!
I have a responsibility. Back then, I couldn’t take care of him by working around to make money. He lived with his grandma in his hometown... In a blink of an eye, the child grew up, the money was not earned, and the child was delayed..."

As he spoke, his eyes became moist.

After sending Zou Darian away, Fang Yi suddenly thought of his son Fang Anzhi, who had been busy for half of his life, as if he hadn't really cared about his son.

Wan Kefa has been obsessed with tea art since he went to Yunwu Tea House once. He ran at least three times a week. Yunmei was busy with business and was often away from the tea house, so she arranged for a tea master to teach him tea art.

Today, the fat old man was in a good mood, so he took Fang Yi and Huang Yuanchao to the office for tea after get off work, and took the opportunity to show off his tea art.

Seeing the fat old man's unskilled movements, listening to Huang Yuanchao's consummate flattery, and drinking the expensive Dahongpao, Fang Yi sighed inwardly: Does the fat old man just leave the wine jar and enter the tea pit again? !Drinking alcohol hurts the body, and drinking tea costs money. I don't know if the fat old man will regret it.

Just when he was thinking wildly, Wan Kefa said: "Old Huang, you look good recently, are you taking another big case?"

"Look at what you said, you have to take on a big case to be happy! We are lawyers, and we can't always look for money. We must have a sincere heart. Lawyer Fang, are you right?" Huang Yuanchao glanced at Fang Yi , Thief smiled.

Holding the teacup, Fang Yi smiled without saying a word. If it came from someone else, he might believe it, but when it came from Lao Huang...he was deeply suspicious.

"Don't talk about that useless, it's not the leader of the Justice Bureau who came to inspect the work, what's the good thing?" Wan Kefa urged impatiently.

"There is indeed a good thing. The year before last, I represented a company in an intellectual property case. The other party was the plaintiff and the company. The defendant I represented.

The plaintiff requests the court to order my client to immediately stop using and revoke a domain name registered with China Internet Network Information Center.I think there should be no problem with this case, and the probability of winning is very high.

As a result, the court determined that the trademark registered by the plaintiff was a well-known trademark in my country, and ruled that my client should immediately stop using the domain name with the same name as the well-known trademark and compensate the other party for economic losses of 5 yuan.

To be honest, I was very angry at the time, and the person involved also felt very angry. "Huang Yuanchao said.

"Get to the point. What happened next?" Fang Yi put down his teacup and asked.

(End of this chapter)