#2 People Vegetable Market Secretly Exchanged More Than 100 Collection Codes #On January 26, 2022, a "two-dimensional code exchange case" occurred in Dongguan, Guangdong Province.
The case is roughly like this: Zheng and Wen, male, want to make quick money after resigning, so they had the idea of replacing the two-dimensional code of the vegetable market to sit and wait for the money, printed 1500 two-dimensional codes for collection on the Internet, and went to several vegetable markets in the early morning of the 26th to replace the two-dimensional code of the vendors, pasted more than 100 pieces in two hours, and then went home to sleep. The day has not yet dawned to the account information will be crazy gushing, just a few hours to the account of more than 3,000 yuan, the stall owner found that it is not right and then called the police, on the 26th at about 17:00, the police will be Zheng and Wen arrested.
There are two details in this case:
First, the law applicable to the exchange of the two-dimensional code of the collection.
Some scholars and practitioners believe that it is the crime of theft, and some think that it is the crime of fraud, which involves the question of how to distinguish between the crime of theft and the crime of fraud.
What is theft? According to article 264 of the Criminal Law of the People's Republic of China, "Whoever steals public or private property in a relatively large amount, or who steals, steals into a home, steals with a murder weapon or pickpockets multiple times, 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; ”
What is fraud? According to 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; if the amount is huge or has other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the amount is particularly large or has other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have his property confiscated." Where this Law provides otherwise, follow those provisions. ”
The two have similarities:
1. Both are property infringement crimes, and both infringe on the ownership of public and private property;
2. The subject of the crime is an ordinary subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility;
3. The subjective aspect of both is intentional, knowing that their actions will cause damage to the property rights of others, and still hope and pursue the occurrence of harmful results;
4. Subjectively have the purpose of illegally occupying public or private property;
5. The object of the crime of both may be all public or private property.
The differences between the two:
1. The manner of conduct is different, the way of conduct of the crime of theft is to steal a large amount of public or private property or multiple thefts, burglary, theft with a murder weapon, pickpocketing; the way of the crime of fraud is to defraud public and private property by fabricating facts and concealing the truth;
2. The requirements for the amount are different, in the crime of theft, the ordinary crime of theft has an amount requirement, while there is no amount requirement for special thefts such as multiple thefts, burglary, and theft with a murder weapon; the establishment of the crime of fraud needs to have a larger amount of requirements;
3. Whether it is against the will of the victim is different, the crime of theft is that the perpetrator steals the victim's property through secret, and the victim delivers the property without knowing it, not voluntarily delivering the property, against the will of the victim; and the crime of fraud is to make the victim fall into a wrong understanding by fabricating facts and concealing the truth, and through this wrong understanding , "voluntarily" delivering the property does not go against the victim's will, which is also the key to distinguishing the crime of theft and the crime of fraud.
Second, the speed of detection of the case.
With the development of science and technology, the coverage of Skynet technology has made the famous aphorism of "Skynet restored, neglected but not leaked" no longer an empty word, but a fact of reality. This warns us that we should always control our own greedy desires, don't be controlled by temporary desires in your mind, the most regretful and hateful, it is our struggle, not our we do not touch, this is the bottom line. Good things to do lazy things, stealing chickens and dogs can't be done.
As for the severity of the punishments of Zheng and Wen, they are affected by many factors, such as the age of the offender at the time of the crime, whether he committed the crime for the first time, the performance of repentance, the size of the damage caused, the circumstances of confession, the circumstances of meritorious service, whether he actively returned the stolen goods and compensation, and the understanding of the injured party.
That's what I think of the case, and what you can think about.
I am a headline xiaomeng new, I hope you all like more to pay attention to the collection of forwards, your support is my greatest motivation, thank you. Pay attention to me not to get lost, bring more legal knowledge to everyone, and constantly create better works.
@ Moon Law Your moon law is always with you, and legal knowledge is always with you. I wish my family a happy Year of the Tiger and a family reunion.
