After the popularization of mobile phone code payment
More than a supermarket have launched
Self-service code payment channel
greatly saves people's time
But it is this convenient life
but it is used as an excuse for some people who are lucky
as an excuse for theft
最新年合新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年新年� The defendant Yang used the self-service checkout channel of a brand fresh food supermarket to steal goods in the supermarket by evading the method of scanning the code to pay or partial payment. In just 4 months, she stole 23 times, and the price of the stolen goods reached more than 5,000 yuan...
was arrested for stealing, but she still pleaded not guilty
Mr. Yang lives in a high-end community in Longgang District, Shenzhen City, Guangdong Province. In March 2020, she shopped at a brand fresh food supermarket near her home. She deliberately "missed" in the self-service checkout channel and stole goods worth more than 900 yuan in the supermarket. Since then, Yang went to the supermarket to commit theft many times, and the amount of goods stolen each time was sometimes nearly 1,000 yuan, and sometimes less than 10 yuan. There are many types of stolen goods ranging from cabbage to durian, from toothpaste to abalone.
One night in July 2020, Yang went to the supermarket again to steal goods worth more than 13 yuan, and was discovered and arrested by supermarket staff on the spot. As of that day, Yang had stole 23 times in the supermarket, and the value of the stolen goods reached more than 5,000 yuan.
During the trial of this case, Yang's family and the victim supermarket reached a settlement agreement under the witness of the mediation studio of the People's Mediation Committee. Yang's family compensated Yang for the losses of the stolen goods. The person in charge of the victim supermarket issued a receipt saying that he would no longer pursue Yang. However, Yang himself refused to admit his theft...
video evidence, before the trial, the defendant Yang defended himself in every way, saying that he did not understand the self-service cashier because he "had no idea how to operate, so he paid less orders" and said that he "didn't know if he had theft, he wanted to watch the video." His defense lawyer also requested the verification of supermarket public videos.
The court immediately played a public video of the supermarket's self-service cash register channel. The video footage shows that on March 31, 2020, the defendant stole two large bags of goods for the first time, worth more than 1,000 yuan, but he only paid more than 130 yuan, and the unpending goods worth more than 900 yuan, and there are 16 types. The defendant directly put them into the shopping bag without scanning the code, including black tiger shrimp, Thai golden pillow durian, live abalone, salmon steak, sauce-flavored beef, beef tendon and other high-priced categories.
In the video recording on April 2, 2020, the defendant committed theft for the second time and loaded two large bags of goods, only paying more than 80 yuan, and the unpaid goods cost nearly 1,000 yuan, including ready-to-eat sea cucumber, sauce-flavored beef, abalone, sauce-flavored duck, braised pork, etc.
After watching the video in court, the defendant and the defense lawyer were speechless and could no longer make a reasonable explanation. Subsequently, the defendant finally voluntarily pleaded guilty and accepted punishment under the persuasion of the defense lawyer, prosecutor and collegial panel, and deeply regretted his behavior. When the judge asked about his motivation, the defendant said that he "don't know how to answer."
According to investigation, the defendant opened his own company, his son went to college, and lived in a high-end community. His living conditions were not bad. He developed bad habits because he loved to take advantage of small gains. Although the amount of each theft is small, it still constitutes a crime due to multiple thefts and eventually falls into the legal tender.
When the gavel was ringing
The defendant Yang committed theft many times, and the amount of theft was large, and his behavior constituted the crime of theft. He stated in court that he pleaded guilty and accepted punishment, and had a good attitude to plead guilty, and could be given a lighter punishment according to law. After the incident, the defendant's family also actively compensated the victim's losses and the defendant may be given a lighter punishment at his discretion.
In summary, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the People's Court of Longgang District, Shenzhen City, Guangdong Province ruled the defendant Yang to six months in prison and a fine of RMB 3,000 in accordance with the law.
Law link
"Criminal Law of the People's Republic of China"
Article 264
[Theft]Theft of public and private property, in a large amount, or multiple times of theft, household burglary, burglary, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined or single; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and shall be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and shall be fined or confiscated.
"Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of theft
"
Article 3 If more than three thefts are stolen within two years, it should be deemed as "multiple thefts".
If an illegal entry into another person's family life and steals a residence that is relatively isolated from the outside world, it should be considered "home burglary".
If theft of theft of the equipment carried by the state, or if theft of other equipment that is sufficient to endanger the personal safety of others in order to commit an illegal crime, it shall be deemed to be "theft of carrying a murderous weapon."
If theft of the finances carried by others in public places or public transportation, it should be considered "picked-pocketing".
Article source: Public account @Shenzhen Longgang District People's Court
Source: Bengbu Procuratorate
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