When a good thing is suddenly encountered, people often happily describe it with one sentence: This is really a pie falling from the sky! How incredible it is to describe this in this way.
Of course, if it is not identified and analyzed, just blindly accepting or taking, it is very likely that a good thing will become a bad thing, and the "pie" in the sky may become a "trap".
At 10:00 p.m. on October 30, 2013, Hubei boy Yu Deshui went to the bank ATM to deposit money, and encountered a big "good thing".
At that time, Yu Deshui deposited 300 yuan five times before and after, and all encountered the situation that cash was returned.
Just when he felt inexplicable, the phone rang with the prompt tone of the text message.
He quickly opened it to see that the money he had deposited had arrived.
What's going on? Obviously, 300 yuan is still in his own hands, which is also too strange.
Yu Deshui immediately stuffed the bank card into the ATM to inquire, I couldn't believe my eyes, there was an extra 1500 yuan in the account!
Yu Deshui's heart was worried and curious, and he tried to withdraw the money, but the ATM screen showed "system failure".
He had to walk out, with the idea of trying it out, and go to the ATMs of other banks nearby to get the money.
Unexpectedly, the extra 1500 yuan in the bank card is real and effective!
Man has no windfall and is not rich, and horses have no night grass and no fat. The greedy desire in Yu Deshui's heart was immediately and completely activated!
Yu Deshui took 1500 yuan back to the faulty ATM and operated it in the same way.
Unsurprisingly, as he had imagined, as long as the money was deposited in the machine port, it would be automatically returned after a while. And the corresponding amount will be added to the bank card account at the same time, which is really amazing!
After 3 hours of back and forth, Yu Deshui's account increased by nearly 97,700 yuan.
Worried about being discovered by the bank, he quickly left the scene satisfied.
The next day, when the staff of the Guangdong Huiyang Branch of the Postal Savings Bank of China checked the accounts, they found that more than 100,000 yuan of deposits in the bank had disappeared!
Immediately afterwards, the head of the bank was reported, and after some investigation and the surveillance camera that retrieved the TELLER machine, it was found that it was taken by as many as a dozen customers the night because of the failure of the machine.
The bank quickly transferred the information of all the withdrawing customers, and then sent staff to the door to pursue the payment.
Fortunately, after patient communication and explanation, the customers adopted a cooperative attitude and then returned all the money to the Huiyang sub-branch.
Only one customer named Yu Deshui not only couldn't get through the contact number, but also couldn't find anyone.
The person in charge of the Huiyang branch had no choice but to call the police for help.
According to the information registered through the Postal Savings Bank of China, Yu Deshui is 27 years old, a native of Xiangyang, Hubei Province, and the contact number he left behind when he applied for a card has been stopped, and the contact address he registered is a community bank in Shenzhen.
The police immediately sent someone to investigate, but found that the place did not exist at all, and this person could not be found at all.
In this regard, the police had to check from the place where Yu Deshui had worked and lived, and after more than a month of investigation, they finally found Yu Deshui's hometown.
Seeing the police from Guangdong coming from afar, Yu Deshui was not surprised and seemed to immediately understand what was going on.
Subsequently, Yu Deshui immediately admitted that he had indeed withdrawn more than 90,000 yuan through the ATM machine in Guangdong, and had spent more than 10,000 yuan of it, and also confessed to the police the origin of the matter.
That night, Yu Deshui originally planned to go to the ATM machine to call the third brother 300 yuan for living expenses, but he did not expect to encounter a bank machine failure.
Ever since he discovered that not only will the money he deposited be returned, but that the amount of his deposit will increase accordingly, he has begun to have some mischievous intentions.
If the bank can't find this loophole, or can't find itself at all, then isn't it rich?
It was this kind of greed that took over in his mind, causing Yu Deshui to immediately start to go crazy and completely lose his mind.
That night, he deposited a total of 23 times in the malfunctioning ATM machine of the Savings Bank, and finally spent not a penny to increase his balance of funds by more than 90,000 yuan, and worked until more than 11 o'clock at night.
Yu Deshui had never had so much money in his account, and he was nervous and a little excited, so in order not to let himself be busy in vain, he decided to withdraw all the money.
For safety reasons, Yu Deshui did not withdraw money from the local bank in Huiyang, Guangdong, but specially called a taxi and drove from Huiyang to the bank in the neighboring Longgang district of Shenzhen to withdraw the money.
At 6 o'clock in the morning of November 1, 2013, Yu Deshui finally disposed of all the money in his bank account, withdrew more than 70,000 yuan in cash, and transferred the rest of the money to his brother's bank account.
The younger brother was surprised and curious, and called Yu Deshui and asked, "How did you suddenly have so much money?" ”
Of course, Yu Deshui did not confide the truth, and only vaguely replied that he had good luck recently and won the lottery.
Then, Yu Deshui ran back to the construction site in Huizhou, did not greet the contractor, did not want the salary, and directly returned to his hometown in Hubei.
Yu Deshui's parents died when he was young, and he and his two younger brothers lived with their grandfather, and due to the poverty of their family, they went out to earn a living before graduating from primary school.
Grandpa ran a commissary in the local area, and grew up with the three Deshui brothers on this meager income, and usually disciplined his nephew very strictly, not allowing them to lie and steal and slip.
Yu Deshui returned home, of course, did not dare to disclose half a bit of information to his grandfather, but said that he was a little tired of working outside and came back to rest for a while.
Coincidentally, when the Guangdong police came to the door, they happened to find Grandpa Yu Deshui to ask for directions.
The 74-year-old did not think much about it, and took the initiative to find his nephew with the police, and immediately went back to prepare meals to entertain the police comrades who came from afar.
In the face of the police's questioning, Yu Deshui also said that at that time, he was really obsessed with money, and at the same time, he also had a great fluke mentality.
First, now the banks are installed with surveillance, but they still can't resist their greedy side, thinking that they have been discovered, as long as they return the money, they will be fine.
The second is that they feel that they have not stolen or robbed, mainly because the bank's machine itself has failed, even if it is found, there should be no big problem, and it does not involve the nature of the crime.
Unfortunately, Yu Deshui still thought the problem was too simple, because everything was moving in the worst direction.
Hearing that his nephew had done such a thing, Grandpa was very surprised, and he did not expect that Yu Deshui, the eldest nephew who looked honest and obedient, had the courage to become so big, and such an act made him feel a little ashamed.
However, at this point, Grandpa could not ignore it, and when Yu Deshui was taken back to Guangdong by the police, he still took the initiative to find relatives and friends to help his nephew make up more than 90,000 yuan and immediately returned it to the Postal Savings Bank.
Half a month later, with the approval of the procuratorate, the public security organs formally arrested Yu Deshui for theft.
The situation developed to such a serious extent, which was far beyond Yu Deshui's cognition, and he never expected to become a criminal if he was not careful!
What Yu Deshui couldn't understand was that the other dozen people who had deposited money on the ATM machine that night also had improper interests, why could they be fine after the refund, but they had to be arrested and held legally responsible?
Soon, the procuratorate indicted Deshui on suspicion of theft.
In this regard, Yu Deshui also admitted that he was at fault, because he took the bank's money for a while.
However, he believes that this is not theft at all, let alone illegal crimes, he clearly has money in his card, not to take the money on someone else's card, and now it has been returned in full, this bank's fault, why should the customer bear it all?
On the other hand, the customer also had no legal obligation to correct the bank's fault, when the failure occurred at night, and he did not know how to notify the bank.
Therefore, the transaction between his repeated deposits and ATMs at that time was legal.
Even if the money is taken from other banks, it is only to deal with the bank's lost property, to take away money that does not belong to them, and only involves the problem of unjust enrichment in civil law, and if you really want to pursue responsibility, you should also go to the bank.
In other words, if the ATM machine did not fail at that time, or if the bank found the fault in time.
He will also not be temporary, trying to take possession of his belongings, or he will not be able or able to do so.
Yu Deshui's statement seems to be more logical, and to a certain extent, there is indeed a responsibility for mismanagement in the bank.
However, the procuratorate held that the failure of the machine in the banking side did not constitute a causal relationship with Yu Deshui's criminal act.
It cannot be said that it is because the machine is malfunctioning
Just go and do something illegal.
An adult should be able to self-discipline his behavior. This is also the main reason why they treat Yu Deshui differently from more than a dozen other people who withdraw money.
Because Yu Deshui still made 17 consecutive deposits after discovering the failure of the machine, this is suspected of intentional infringement, and its purpose is obviously to arbitrage cash and achieve the purpose of embezzling property.
After their careful investigation, there was such a detail.
After Yu Deshui saved 3300 yuan 10 times in a row, perhaps because of nervousness and fear, he immediately returned to the temporary residence.
However, 30 minutes later, he once again appeared in front of the faulty ATM machine and then took a larger amount of cash.
From the surveillance video, it can be clearly seen that Yu Deshui has no intention of giving up. This shows that he has a subjective will to steal it forcibly, knowing that he cannot do it.
Unlike him, the dozen or so people knew that the machine was malfunctioning that night, but they didn't do the same.
When the bank staff came to the door the next day, they were also willing to actively cooperate with the work and returned all the money.
Then, according to the relevant provisions of the law: intentional serious infringement can be regarded as constituting a crime.
Therefore, it is not excessive for the procuratorate to prosecute Yu Deshui for suspected theft.
If according to the local sentencing standards, the amount of theft reaches more than 60,000 yuan, it is a particularly large amount of criminal acts.
In this way, Yu Deshui's behavior of taking more than 90,000 yuan from the bank privately, if the theft charge is convicted, he may face a very severe punishment.
In fact, such an encounter with Yu Deshui is very rare. However, this incident is a social case with precedents.
For the name of Xu Ting, if you usually pay attention to domestic social news, I believe it will not feel strange.
In 2006, Xu Ting also obtained up to 175,000 yuan in Guangzhou because of the failure of the ATM machine. After the incident, Xu Ting was arrested and arrested, and sentenced to life imprisonment at the first trial.
However, after a long appeal, the court finally commuted the sentence to 5 years in prison at the second instance.
The "Xu Ting case" can be described as a sensation, which at that time aroused heated discussions among people from all walks of life across the country, from legal experts to ordinary people, and instantly became a social hot spot in the streets and alleys.
In 2013, after Xu Ting was released from prison, perhaps feeling that he had been treated unfairly, he once again formally submitted his appeal materials to the Guangdong Provincial High Court, requesting a retrial of the case that year, which once again aroused widespread attention in the national media and fierce debate among social figures.
Therefore, since Yu Deshui's case was disclosed by the media, it has also been called the "Xu Ting case" of Guangdong Huiyang, which has also attracted huge attention from all walks of life.
In October 2014, the Huiyang District People's Court of Huizhou City, Guangdong Province, pronounced a verdict and found Yu Deshui guilty of theft!
However, the court sentenced Yu Deshui to three years in prison, suspended for three years and fined 10,000 yuan.
Such a verdict made Yu Deshui breathe a sigh of relief, and the three-year suspension of sentence meant that he did not have to go to prison.
But at the same time, the verdict of this case also surprised many people, especially the verdict of more than 10,000 words, which surprised everyone!
Therefore, in Huiyang, Guangdong Province, it suddenly caused an uproar.
What everyone wonders is that since the court found Yu Deshui guilty of theft, why did it only sentence it to a suspended sentence?
In every respect, there seems to be some contradiction in the legal aspects of this, which cannot be justified.
In response, the Public Prosecutor's Office also considered that some of the court's sentences were too lenient and therefore expressed dissatisfaction, and a request for appeal was filed shortly thereafter.
Subsequently, the court explained and explained this relatively special case.
Neither the prosecution nor the defense disputed the nature of deshui's uninformed deposits, and both held that his previous actions did not constitute a crime.
The focus of the dispute between the two sides is the follow-up behavior of repeatedly saving money after Deshui found that the ATM machine had failed.
The court ultimately held that Yu Deshui's subsequent acts were illegal, there was an obvious intent to illegally possess, and it was socially harmful, and should enter the field of criminal law norms.
Therefore, from the perspective of maintaining the normal trading order of society and the normal order of human life, it is necessary to punish Deshui and those who have similar thoughts and behaviors, so that people's greed can be limited to a normal and reasonable range to prevent the recurrence of similar criminal acts!
This is the main reason why the court convicted Yu Deshui of theft.
So why did the court sentence Deshui on a three-year probation sentence? How did the judge come up with this result?
First, from a subjective point of view, Yu Deshui's viciousness is actually relatively mild, going to the bank to deposit money is itself a legal act, before discovering the failure of the ATM machine, he did not have any criminal intentions.
If the ATM machine had not failed, all of Yu Deshui's subsequent actions would not have happened, and there would have been no thoughts of theft.
Therefore, his subjective malignancy is very limited, and it is only a momentary greed that gives him the desire to sin.
But desire is human nature, comes from genes and heredity, can not be changed, so it is a normal phenomenon, we can only carry out reasonable control, strictly restrain our behavior.
The bank is the manager and owner of the ATM machine, and should bear fault liability for the failure of the machine, although this does not constitute a causal relationship with Yu Deshui's criminal behavior.
However, this can be considered as a circumstance for a lighter punishment for Deshui.
Second, from the perspective of Yu Deshui's behavior, his way of obtaining money is relatively peaceful.
He did not take any violent, deceitful, extortion, etc. to achieve the purpose of embezzling property, such as destroying the banking machine, deceiving others, maliciously changing the instructions of the ATM machine, and so on.
Therefore, Yu Deshui's use of machine failure to commit theft has obvious differences compared with other typical theft crimes, which must be taken into account in sentencing.
Third, from the perspective of the consequences of Yu Deshui's behavior, the probability of this case occurring is very low, and it can also be said that whether this theft will occur or not is almost between the thoughts of citizens whether they are greedy.
For example, the other dozen or so people who deposited with Yu Deshui restrained their greed very well, and in the end, only Yu Deshui did not maintain restraint, which led to such consequences.
Such a crime, from the social level, does not have a universality, and at the same time will not have a bad impact on social order and citizens' sense of personal and property security, so its social harm is much less than the normalized theft crime, and this situation should also be taken into account when sentencing.
Fourth, from the perspective of Yu Deshui's personal life situation and other aspects, because he lost his parents from a young age, and was dependent on his elderly grandfather and young brother, because of his difficult life, he went out to work early, and the level of education he received was quite limited, and it is certain that he would not have a highly clear understanding of the law and the consequences of its actions.
Therefore, it is even less likely that he will have a certain cognitive ability for this case that is controversial in China's legal circles.
It is conceivable that how can a poor child, for the sudden arrival of money from the sky, immediately change the temptation of the current situation, how can he completely control his behavior?!
Therefore, we cannot demand that every citizen has the same moral level and ideological awareness.
The most important thing is that after Yu Deshui took the money home, in addition to giving some to his brother, the rest has not been squandered.
When he was caught, he immediately returned all the money from the bank, so it is not difficult to see that the child still has a conscience.
Therefore, based on the above facts and reasons, the judge believes that the sentencing range for Deshui's sentencing and the announcement of the probationary sentence is appropriate and can achieve the purpose of criminal punishment retribution and education prevention.
This judgment of more than 10,000 words is profoundly analyzed and explained in all aspects.
It is really comprehensive and straightforward, and people have to admire the judges' thoughtful consideration of this case.
In view of the peculiarities of the case, the judge also wrote the following special note at the end of the judgment:
"This meticulous and conscientious judgment made by the three judges of the court is based on our conscience and independent judgment, on our overall grasp and analysis of the facts of the whole case, on our understanding of the law and the spirit of the law, and on our unremitting pursuit of achieving visible judicial justice."
Perhaps it is the reason that he has his own faults first, and finally induces Yu Deshui to commit crimes.
After Yu Deshui, the Huiyang branch of the Postal Savings Bank of China, returned the money, he also made it clear that he would not be held responsible.
Of course, the bank side also has to consider the social impact, credibility factors, which is actually understandable.
In May 2015, the procuratorate, for unknown reasons, suddenly filed a request to the court to withdraw its appeal against the Deshui case.
The Huizhou Intermediate People's Court made a final ruling: allow withdrawal and uphold the first-instance judgment! This also brought the two-year-old case to a successful conclusion.
In the face of media interviews, Yu Deshui admitted that in the past two years, every day has not been good, like experiencing a baptism, and he is very grateful to the law for giving him a chance to reform himself.
When I was a child, adults would often warn children that other people's things should not be taken, nor could they be taken.
But it is such a simple and unspecific truth that can make children take fewer detours in the future life path, or avoid serious consequences.
Justice itself is multifaceted, and different conclusions can be drawn from different perspectives.
Even in the same social system, there will be different contradictions and value orientations, as well as different ways of thinking and behavior paths, but countless experiences and wisdoms tell us:
"Only by rationally managing your own desires can you go further on the road of life!"