Lawyer

No one left here, one place to keep one, no one everywhere... Then you can't farm at home, don't fight for steamed buns.This was Jin Dachun's inner monologue at the time.

After that, Jin Dachun started to run outside, but his craftsmanship was too trendy and no one recognized him, so he had to go to remote mountainous areas.Later, he met a few charlatans, and the two met each other hatefully, eating and drinking, and became friends after a while.

This man, it may take a lifetime to learn well, but it only takes a few hours or a few days to learn bad. He got inspiration from charlatans, so he went astray, and began to deceive the common people under the guise of exorcising ghosts and watching evil diseases.

In October of this year, Jin Dachun went to a place called Xiaowangzhuang in the county below. He heard that the son of the villager Niu Tianyu's family didn't know what was going on and had nightmares every night, so he recommended himself to exorcise ghosts for Niu Tianyu's family. Not working.

Niu Tianyu's family naturally didn't believe this guy who claimed to be watching the sky with his eyes and pinching his fingers to cast out demons and exorcise ghosts, but when Jin Dachun showed off the trick of floating needles on the water and finding needles to catch ghosts, the Niu family believed him and respected him as a master .

Jin Dachun told the Niu family that they needed valuables to offer, and asked the gods to exorcise ghosts. The valuables should be gold.

Niu Tianyu's daughter-in-law was eager to save her son, so she took out all the three pieces of gold (worth 3000 yuan) she bought when she got married, and another [-] yuan in cash.

Afterwards, Jin Dachun put on a Taoist robe, dressed in a fairy style, wrapped the three gold and cash in newspaper, put them on the table, lit the candle, took out the small incense burner bought at the street stall, burned incense and prayed, Whispering, he himself didn't know what he was reading.

Before exorcising the ghosts, he asked the Niu family to avoid them, so as not to harm the Niu family after the appearance of ghosts and ghosts.When the Niu family heard this, they went to the next room to wait, not daring to come out.

During the process of "casting the spell", Jin Dachun, Cheng Niu's family was unprepared, replaced the newspaper bag with property with the same newspaper bag prepared in advance, and tossed around the house for more than half an hour with a mahogany sword, causing a commotion. His forehead was sweating, and the "casting" was completed.

After the Niu family came in, Jin Dachun returned the fake newspaper package to Niu Tianyu, and told him to open it three days later, otherwise the family would suffer bloody disasters. Then he charged the fee for exorcising the ghosts and took the Niu family's belongings away from the scene.

The next day, Jin Dachun came to two families in the lower village of Lin County, and used the same method to defraud the victim of RMB 4, RMB 8000 and gold jewelry worth RMB [-].

Shortly thereafter, when he was cheating again in the village of Lin County, the local villagers saw through him, beat him up, and turned him over to the public security organ.

Before being arrested, Jin Dachun had committed three crimes totaling RMB 8.

"Ms. Zhao, has your husband's case reached the procuratorate?" Meng Guangda asked after listening for a moment.

"Not at the procuratorate, but already at the court. I transferred it a few days ago and is waiting to arrange a trial." Zhao Huilan asked eagerly: "The procuratorate said that Dachun committed fraud. I found a lawyer before. He said that Dachun, our family, would definitely be sentenced, and it was estimated that he would have to run for about ten years.

Lawyer Meng, do you think my Dachun family will be sentenced for so many years? "

Meng Guangda understood as soon as he heard it. Jin Dachun cheated and stole another 8 yuan. The amount of the crime is quite a lot. The initial estimate should be between three and ten years in prison. It is estimated that the lawyer said this in order to get more lawyers. At the same time, it also suppresses the expectations of the parties involved.

"First of all, this case may not be classified as fraud. Of course, this can only be determined after reading the case file. Secondly, your husband defrauded 8 yuan and was caught on the spot. He will definitely be sentenced.

Finally, from your description and the amount of the crime, your husband is very likely to be sentenced to fixed-term imprisonment. The specific sentence may be between three and ten years. It depends on how you defend. If you defend well, you may be sentenced to a few years less .

This is my current judgment. "Meng Guangda thought for a while.

Yu Wendong was a little surprised that the master didn't "teach" the case this time, and it was rare for him to speak so cleanly.

"What do you mean? It's not a crime of fraud?" Zhao Huilan was a little dazed, she glanced at Yu Wendong, then at Meng Guangda.

"Well, I personally think that your husband may have committed the crime of theft, not fraud. The nature of your husband's case is a bit complicated. If it is general fraud or theft, it is easier to distinguish.

In this case, your husband used both deception and secret theft to illegally occupy other people’s property. Whether his behavior is theft or fraud depends mainly on whether your husband’s decisive means of illegally obtaining other people’s property is stealth or deception.

In layman's terms, the crime of fraud is a fraudulent method in which the perpetrator uses fictitious facts or conceals the truth, causing the owner, custodian or handler of the property to misunderstand, thereby "voluntarily" handing over the property to the perpetrator.

The crime of theft is that the perpetrator takes away the property secretly by means that he thinks he will not be discovered by the owner, custodian or handler of the property.

Generally speaking, it is not difficult to distinguish the crime of theft from the crime of fraud according to the above standards.

However, this case is somewhat special. In order to achieve the purpose of illegally occupying other people's property, your husband has successively adopted various means and methods of deception and secret theft, which can easily lead to qualitative differences among the judiciary.

I say so, you understand! "Meng Guangda thought he had said it clearly and straightforwardly.

Zhao Huilan looked at him, her eyes became more and more confused, and she shook her head.Dabao on the side also fainted, as if he was listening to a scripture from heaven.He licked his lips, wanting to ask a question but didn't know where to start.

"Auntie, Lawyer Meng is talking about professional matters. To put it bluntly, your husband cheated the two of you by exorcism. I can't say anything, and I won't go to the police station to report fraud.

But your husband shouldn't take out the money from other people to offer sacrifices to gods, and secretly steal it out of the bag. This is considered stealing, not cheating. "Yu Wendong knew that the other party must not understand what Meng Guangda said, so he hurriedly explained.

"Well, I probably understand. Then can my Dachun sentence be reduced by a few years?" After Yu Wendong explained, Zhao Huilan understood.

Zhao Huilan used to look at evil diseases, usually only three times, if she didn't look good three times, the host had to hire someone else, everyone in the village knew the rules.

Even for customers who come from a long distance and don't know the rules, Zhao Huilan will explain in advance, and the other party can't say anything. After all, the disease that can't be cured in the hospital can only be tried, so nothing has happened. Zhao Huilan's word-of-mouth good.It can be said that this is the unspoken rule of this business, but what Jin Dachun has done has broken the rule. (end of this chapter)