On the criminal identification and punishment of blind date fraud
Mr. Shi, an American Chinese, met Miss Liu, a Hong Kong citizen who worked in Shenzhen for a long time, through a well-known online dating platform on 2065438+2005+0, and they quickly established a love relationship. Before marriage, the woman borrowed 3 million yuan in cash from Mr. Shi because of the company's working capital turnover, but did not sign an iou; 6. Mr Lunatone invested160,000 yuan to buy two properties in Shenzhen, both registered in the name of the woman. After that, both parties registered to get married. Shortly after the marriage, the woman immediately sold the above-mentioned properties. It was not until Mr. Shi personally consulted the Shenzhen Foreign Divorce Lawyer of China Marriage and Family Gold Medal Lawyers Group that Miss Liu successfully sold one of the properties and fled to Hong Kong with the sale price and loan amount. Another property is for sale.
Lawyer's review
Does Miss Liu constitute a case? Get married? Whether the police should accept the crime of fraud after Mr. Shi called the police, the analysis is as follows:
First of all, in this case, Miss Liu has the purpose of illegally possessing other people's property.
The Minutes of the Symposium on the Trial of Financial Crimes by National Courts pointed out that according to judicial practice, the perpetrator illegally obtained funds by fraudulent means, resulting in a large amount of funds that could not be returned, and it can be considered as having the purpose of illegal possession under any of the following circumstances:
(1) defrauding a large amount of money knowing that he has no repayment ability;
(2) absconding after illegally obtaining funds;
(3) defrauding funds at will.
The property involved in this case originally belonged to Mr. Shi's personal property before marriage, not the property of both husband and wife after the marriage relationship was established. After obtaining other people's property, Miss Liu quickly sold it and even fled abroad. Subjectively, he has the will to exclude the victim from possession and continue to use, benefit and dispose of the property, and obviously has the intention of illegally occupying other people's property.
Secondly, Miss Liu objectively carried out a series of deceptive behaviors, which made the victim fall into a wrong understanding of the disposal of property. Miss Liu borrowed money to marry Mr. Shi and other derailed behaviors, which led to the victim Mr. Shi falling into a wrong understanding and disposing of property. They have a causal relationship in criminal law. If he hadn't been cheated, the victim wouldn't have fallen in love and got married with Miss Liu, let alone registered the property in her name.
Finally, based on his misunderstanding, the victim Mr. Shi transferred his cash to Miss Liu and bought a house under the name of Miss Liu. Disciplinary action? The victim disposed of the above property because of Miss Liu's deception.
To sum up, according to Article 266 of the Criminal Law, Ms. Liu's behavior should constitute a crime of fraud. After accepting the entrustment of lawyer Shi, our Shenzhen team of foreign divorce lawyers worked out a detailed plan with the team's professional criminal litigation lawyers to guide them to collect evidence and sue Ms. Liu. Now the case has been successfully filed for investigation.
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Lawyer reminds
China's criminal law does not stipulate marriage as an inevitable condition for the establishment of a crime, that is to say, as both parties in a marriage relationship, it does not rule out it as the subject of criminal responsibility for a crime. Even if they register to get married, there are still. Get married? The possibility of fraud. With the increase of the proportion of single men and women, there are more and more cases of marriage fraud, especially young men and women who are eager to get married but are struggling to find a partner. We should pay attention to it and strengthen prevention:
First, before marriage registration, it is best not to have economic exchanges, especially large-scale economic exchanges, such as large loans and so on.
Second, be vigilant and strengthen prevention. For those who have just come into contact and don't know much about it, we should be more careful, be vigilant, and pay attention to identifying each other's commitments and introducing ourselves. There are still many loopholes and flaws in the process of cheating. With a little attention and careful investigation, you can find the problem.
Third, don't believe the advertisements published in various newspapers. If you know the opposite sex who wants to get married, you should have a certain understanding of their true identity and family background, especially to distinguish the authenticity of their ID cards. You can ask the public security organ for help when necessary. When you meet the opposite sex for the first time, you must check their ID cards.
Fourth, if you are cheated, you should keep the relevant evidence and give it to the local public security bureau in writing to assist the public security organs in investigation and evidence collection.
Relevant laws and regulations
Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in 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 or only be fined; If the amount is huge or there are 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 especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.