The conclusion of the marriage between the two parties itself is a very beautiful thing, but the perpetrator deceives the victim by fabricating facts on the grounds that the marriage receives a dowry, causing the victim to fall into the wrong way of disposing of the property, and the perpetrator finds various reasons to prevaricate after obtaining the property, which constitutes the crime of fraud.
Basic facts of the case
During October 2013, defendant Huang Caimei introduced herself to Wang Zhishuai, a henan man victim, through Pan Yawu (nicknamed "Xiaoxiao" or "Qiaoqiao"). After that, Wang Zhishuai's father and son proposed to visit defendant Huang Caimei's home to visit his mother, and defendant Huang Caimei asked Wang Zhishuai to play a red envelope containing 1360 yuan on the grounds that local customs wanted to give red envelopes to the elderly, and Wang Zhishuai gave the red envelope to defendant Huang Caimei after making the red packet. On November 1, 2013, defendant Huang Caimei promised to marry Wang Zhishuai, but offered a dowry of 38,000 yuan, and after Wang Zhishuai and his father Wang Wenyu agreed, Wang Wenyu transferred 38,000 yuan by transfer at the Tianlin County Postal Savings Bank to the account opened by defendant Huang Caimei on the same day as the 6217996261000096865 postal savings bank card. After obtaining the money, defendant Huang Caimei prevaricated and refused to meet with the father and son of the victim, Wang Zhishuai, and refused to receive Wang Zhishuai's phone calls for various reasons.
On March 1, 2014, defendant Huang Caimei introduced wang Yong'an, a henan man, through a matchmaker, Liang Yumei. Around the 7th of the same month, the victim Wang Yong'an was defrauded of a total of 31,000 yuan by the above methods. After obtaining the money, defendant Huang Caimei prevaricated and refused to answer Wang Yong'an's phone for various reasons. The proceeds of the above-mentioned fraud were deposited by defendant Huang Caimei into the bank card he held in the postal savings bank of China with the name Xie Xue, the account number 6210986261002076417. After the incident, the public security organs froze the deposits in the above-mentioned cards and returned 31,000 yuan to the victim Wang Yong'an on April 17, 2014, and 39,360 yuan to the victim Wang Zhishuai the next day. In summary, defendant Huang Caimei committed two cases of fraud, defrauding the victims of a total of 70,360 yuan.
The result of the referee
After trial, the Youjiang District People's Court of Baise City, Guangxi Zhuang Autonomous Region, held that defendant Huang Caimei, for the purpose of illegal possession, demanded a dowry totaling RMB70,360 from the victim on the pretext of marrying the victim, which was a huge amount, and his conduct had constituted the crime of fraud. The public prosecution organ's allegation that the defendant's criminal name is established shall be punished in accordance with law. In view of the fact that defendant Huang Caimei truthfully confessed her crime after her return to the case, voluntarily admitted guilt in court, and there were young babies who needed his care and care, and all of his fraudulent proceeds had been returned to the victims, and no losses were caused to the victims, defendant Huang Caimei was given a lenient punishment in accordance with law on the basis of the facts, nature, circumstances, and degree of harm to society. In accordance with the relevant provisions of the Criminal Law, defendant Huang Caimei was sentenced to three years' imprisonment and fined RMB 15,000 for fraud.
Evaluation of trial rules
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 individually; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated. Where this Law provides otherwise, follow those provisions. The crime of fraud refers to the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession, using fictitious facts or concealing the truth. The basic structure of the crime is as follows: the perpetrator commits the fraudulent act for the purpose of wrongful ownership, the victim has a wrong understanding, the victim disposes of the property based on the wrong understanding, the perpetrator acquires the property, and the victim suffers damage to the property.
Judging from the criminal composition of the crime of fraud, the object of the crime of fraud is the ownership of public and private property. In terms of criminal means, the perpetrator first committed the fraud. Fraud consists of two ways, one is to fabricate facts, the other is to conceal the truth, both of which can cause the victim to fall into a wrong understanding. Second, fraudulent behavior creates a misconception about the other party. The other party's misconception is caused by the fraudulent act of the perpetrator, and if the other party does not dispose of the property due to the wrong understanding of the fraudulent act, the crime of fraud is not established. Third, the establishment of the crime of fraud requires the victim to dispose of his property after falling into a wrong understanding. Finally, fraud causes the victim to obtain the property after the victim disposes of it, thereby causing damage to the victim's property.
On the pretext of receiving a dowry at marriage, the perpetrator fabricates facts to deceive the victim, causing the victim to fall into error, the victim disposes of the property through bank transfer, and the perpetrator finds various reasons to prevaricate after obtaining the property, and the perpetrator's behavior constitutes the crime of fraud. At the same time, according to the provisions of article 266 of the Criminal Law, defrauding public or private property of a relatively large amount constitutes a crime. According to the relevant provisions of the Judicial Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in handling Criminal Cases of Fraud, where the value of public or private property defrauded is 3,000 to 10,000 yuan or more, 30,000 yuan to 100,000 yuan or more, and 500,000 yuan or more, it shall be found to be "a relatively large amount" and "a huge amount" as provided for in criminal law article 266 of the Criminal Law. The perpetrator defrauded the two victims of a total of more than 70,000 yuan in property, which has reached the standard of a huge amount, and should be found to constitute the crime of fraud.
In this case, the perpetrator demanded the dowry money by fraudulent marriage, so that the victim believed it to be true and disposed of the property, and after the perpetrator received the money, he refused to meet with various prevarications, and it can be learned that the perpetrator did not intend to get married, but his true meaning was to ask the victim for the dowry, that is, to defraud the victim of the gift, to deceive the victim's property by deception, to have the meaning of illegal possession of the victim's property, and the amount of the property defrauded was huge, constituting the crime of fraud, and should be criminally punished according to the crime of fraud.
Typical
This is a case of using marriage as a medium to defraud others of their property, this type of case mainly occurs in rural areas, the object of fraud is mostly foreigners, through the so-called "acquaintance" introduction to fraud, mostly on the basis of fictitious marriage customs in ethnic minority areas that receive dowry money as the reason for defrauding a large amount of gift money, and immediately disappear or cut off contact after successful fraud. In this case, defendant Huang Caimei demanded a dowry totaling RMB70,360 from the two victims on the pretext of marrying the victims, which was a huge amount, resulting in the defrauded people having both money and money, falling into economic difficulties, and causing great psychological harm. However, considering that the defendant Huang Caimei was able to return all the proceeds of fraud after the case occurred, and that there were young babies that needed to be raised and cared for, the court gave him a lenient punishment.
Source: Shandong Gaofa