According to Chinese police online, in mid-June, @Jiangning Public Security Online came to dissuade a fraud woman after receiving the anti-fraud warning. The other party was emotional and said that he was an adult, not a fool, and had not been deceived. Subsequently, the police made phone calls or came to the door to dissuade them 10 times, but they were all criticized by the other party. Finally, on July 1, the woman came to report the case and said that she was cheated of more than 300,000 yuan in investment.
This incident is really ridiculous! Some netizens expressed deep sympathy for the woman and felt very regretful, while others wanted to curse people directly.
The author believes that the different opinions of netizens are understandable, but things should not have happened but have already happened. Let us return to the analysis and judgment of the case first.
If the woman’s claim to have been defrauded of more than 300,000 yuan in investment in the case, can the case be classified as fraud?
The answer is not certain.
What people usually talk about is fundamentally different from being cheated in the sense of criminal law. It means that in addition to being cheated, the behavior also needs to meet other constituent elements of the crime of fraud before it can be classified as fraud. Otherwise, it is a civil fraud, a civil case rather than a criminal case.
Civil fraud refers to the act of deliberately informing the other party of false information or deliberately concealing the true situation in the process of establishing, changing, and terminating civil rights and civil obligations , or inducing the other party to make a wrong statement.
Fraud refers to the perpetrator using the method of fabricating facts or concealing the truth for the purpose of illegal possession, so that the victim can dispose of his property based on his wrong perception.
Both are fraudulent, and the victim dismissed the property based on his misunderstanding, which caused economic losses to the victim. But there are differences between the two, mainly manifested in: different subjective motivations, different focus on objective behavior, different symmetry of the rights and obligations of both parties, different objects and objects of infringement, and different subjective intentional content.
Whether a fraud is considered a crime depends not only on the suspect's behavior, but also on the victim's behavior. There are two points to judge the suspect: one, whether he has the purpose of illegal possession (whether he wants to take other people's property directly for himself); two, whether he has made up facts or concealed the truth (whether he has deceived others). There is one thing to judge the victim, that is, the victim disposing of his own property is based on a wrong understanding (the victim gave the property to the suspect because he was cheated).
or above are indispensable. If these three requirements are met at the same time, it constitutes the crime of fraud. Otherwise, it can only be handled as a civil case, and the woman needs to sue the court for civil legal liability for .
According to the above analysis, if the suspect constitutes the crime of fraud, according to Article 266 of the Criminal Law of the People's Republic of China, if the amount is large, he shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined alone; 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 the property shall be confiscated.
According to the sentencing guidance, how should we be sentencing?
The woman was defrauded of more than 300,000 yuan in this case, which is a huge amount. The suspect should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine.
Some netizens noticed that in addition to the surprising incident in this case, on July 19, Taiwanese actress Lian Jingwen , known as the "local drama goddess", was tragically defrauded of nearly 30 million NT$ (about 6.8 million RMB), which made it unbelievable for a while. The problem of
is here, why are so many people being scammed? What is the reason?
The author believes that the skillful method of fraudsters is one reason, but often many scammers are not necessarily smart, and the main reason for being deceived is the victim himself. The following types of people with bad psychological consciousness are most likely to be deceived: (1) Vanity; (2) Childish, sympathy and compassionate mentality; (3) Greedy for small gains; (4) Reckless, trustworthy, overconfident, self-confidence and carelessness; (5) Be lazy and hate labor and perverted; (6) Be greedy for beauty; (7) Be susceptible to suggestion and temptation, etc.
The types of fraud around us can be classified as: Telecom fraud , order swiping fraud, impersonation of identity fraud, pig killing fraud, emotional fraud, and pyramid scheme fraud, etc.
It is no exaggeration to say that fraud happens every day. Too many scams are around us, so netizens must remind their family and friends to be vigilant, quit greed, never disclose personal information, and strengthen their awareness of anti-fraud awareness. I hope everyone will always keep their minds clear and stay away from the trap of fraud.
(I am a lawmaker. I have been paying attention to research on difficult cases strategies for a long time and are willing to help others. Welcome to follow and comment!)
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