【Interpretation of the law by case】Mahjong "Lao Qian" is exquisitely designed, and the fraud and gambling are finally punished

Trial and ascertainment

During the 2020 "May Day" long holiday, after defendant Peng lost money playing mahjong, in order to pull the money, he colluded with another defendant, Wang Moulin, to change Zhang Moujia's mahjong cards into perspective mahjong cards, and divided the money equally after winning. One night in mid-May 2020, Zhang X, his wife and eldest son went out to send a funeral vigil, only the younger son was at home, Peng X and others played mahjong in Zhang X's home, at 23:00 at night, Peng deliberately concealed the door when he went out, after that, the two defendants sneaked back to Zhang X's home and replaced the two ordinary mahjong cards of the mahjong machine with two pairs of perspective mahjong cards prepared in advance. After the mahjong cards were replaced, defendant Peng actively invited Yang Mouzhen, Li Mou, Yang Mou and others to play mahjong at Zhang Mou's house, and the two defendants wore Bo Lun contact lenses to take turns on the field and won money on the field. Because the defendant Peng's card playing law was extremely abnormal, causing He Mouyi and others to suspect, He Mouyi and others secretly purchased a pair of see-through glasses, and it was verified that the mahjong played was indeed a perspective mahjong card. After the matter was exposed, Peng confessed to his behavior, in addition to the cash share of the stolen goods, WeChat equally divided the gambling capital of 27600 yuan.

The court held

Defendants Peng X and Wang Moulin, with the purpose of illegal possession, resorted to the method of concealing the truth of the facts, defrauded others of property in a relatively large amount, and their acts violated article 266 of the Criminal Law of the People's Republic of China, "Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; ...", constituting the crime of fraud.

In a joint crime, two defendants conspire to commit a criminal act together, with equal status and role, regardless of the principal or accessory. Defendant Peng X returned most of the stolen money and was a first-time offender, and could be given a lenient punishment at his discretion; Defendant Peng X was a state functionary and should have taken the lead in abiding by national laws and social morality, but he was obsessed with money and deliberately committed a crime, and could be given a heavier punishment at his discretion. Defendant Wang Moulin voluntarily admits guilt and accepts punishment at trial and may be given a lenient punishment; if he actively returns the stolen goods, he may be given a lighter punishment at his discretion. Defendant Wang Moulin, who has a criminal record and a bad record of violating the law, may be given a heavier punishment at his discretion.

Judgment in accordance with law

1. Defendant Peng X committed the crime of fraud and was sentenced to fixed-term imprisonment of one year and fined RMB 5,000.

2. Defendant Wang Moulin committed the crime of fraud and was sentenced to one year's imprisonment and fined RMB 5,000.

Tips:

A gentleman who loves wealth will have a way to take it,

Abide by discipline and law, do not calculate others, and commit illegal and criminal activities.

(Source of material from Dejiang Court, Internet)