Recently, in Xuzhou, Jiangsu Province, a man Zhang Moumou pretended to be the boss of the company, using the introduction of work or small gifts as bait to deceive women. Police have verified that the victims involved nearly 50 people in 6 provinces and cities

Recently, in Xuzhou, Jiangsu Province, a man Zhang Moumou pretended to be the boss of the company, using the introduction of work or small gifts as bait to deceive women. The police have verified that the victims involved nearly 50 women in 6 provinces and cities, and the amount of fraud was more than 40,000 yuan. Most of the victims did not call the police for privacy. At present, Zhang Moumou has been criminally detained by the police. (Source: Guangming Network)

1, scammers often have a clever mouth, rhetoric to the victim to deceive, Jiangsu Xuzhou man Zhang Moumou is the use of a clever mouth, impersonation of the company owner, in the name of introducing work or gifts, to female victims to cheat money and deception, the current verified victims have more than 50 people, fraud amount of more than 40,000 yuan. Because of the fear of exposing privacy, many victims did not report the case, after all, it was better to be cheated of money, and it was not good to spread the deception. In the process of further investigation, the public security organs of the case will make a detailed interpretation of the legal issues involved in the case.

2. Does Mr. Zhang's act of deceiving the victim constitute the crime of fraud or the crime of swindling and deception?

According to online reports, the man Zhang Moumou pretended to be the boss of the company and deceived women. The crime of fraud refers to the act of defrauding others of property for the purpose of illegal possession by fabricating facts and concealing the truth. The deception is clearly not a property, and this act does not constitute the crime of fraud.

Deception in the crime of deception includes material and non-material benefits, such as cheating political treatment, honor, cheating "love", playing with the opposite sex, etc. So does it constitute the crime of deception?   The crime of swindling and deception refers to the act of impersonating the identity or title of a functionary of a state organ in order to seek illegal benefits, committing fraud, and undermining the prestige of a state organ and its normal activities. Mr. Zhang pretended to be the boss of the company, and the boss of the company did not belong to the staff of the state organs, did not conform to the fake identity, and did not constitute the crime of deception. #2020 Vitality Conference#

3. Does Zhang X's act of deceiving the victim constitute the crime of rape?

The crime of rape refers to the use of violence, threats or other means to forcibly have sexual intercourse with a woman against her will. The act of deception is to voluntarily have sexual relations with the criminal suspect under the condition that the adult victim has independent control over his or her sexual rights after the victim has been lured, and it does not meet the constituent elements of the crime of rape and does not constitute the crime of rape.

Zhang Moumou's deceptive behavior does not constitute a crime under the current legal framework, and can only be the category of moral condemnation, and in practice, there are many people who play with the feelings of the opposite sex and have sexual relations with the opposite sex, and can only carry out moral condemnation.

4. How should Mr. Zhang punish the victim's behavior of defrauding money?

Although Zhang Moumou's behavior of deceiving multiple women cannot be characterized in criminal law, his act of impersonating the boss of the company and defrauding the victim of more than 40,000 yuan under various pretexts constitutes the crime of fraud. According to the provisions of the Criminal Law, if, for the purpose of illegal possession, fabricates facts, conceals the truth, or defrauds others of property, if the amount is relatively large, it constitutes the crime of fraud, and shall be sentenced to fixed-term imprisonment of not more than three years and a fine, and if the amount is huge or there are other heinous circumstances, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The amount of fraud of more than 40,000 yuan verified so far is already within a large range of real amounts, and should be sentenced to fixed-term imprisonment of not more than three years, and with the further investigation of the case, it is determined according to law according to the amount of the crime.

The above is only a legal analysis based on the news reported on the Internet, and the specific case characterization and handling are subject to the opinions of the judicial organs. With the further investigation of this case by the public security organs, it is believed that the criminal suspect Zhang Moumou will bear criminal responsibility according to law and get the punishment he deserves. But the case also shows us that defrauding others of their property will eventually pay a price, and hard work can make us rich. It also reminds the majority of women to polish their eyes, be vigilant about the sweet words of the opposite sex, and do not walk into the gentle traps designed by others.