Hot Spot Analysis | New Law Express | Exchange and Sharing

Did Xue commit a crime of fraud?

Wang Ying

Recently, the entertainment industry is not at peace, with all kinds of blood spilled. Xiao Wangwang has no intention of gossiping and just shares a few cases for you to take a look at.

1

Case number: (2017) Zhejiang 03 Xingzhong No. 1031

The court found that in February and March 2015, the defendant Chen Junxiong concealed the He used real identity information such as marriage and no fixed occupation, and fabricated false facts such as that he was the CEO of Hong Kong Hengcai Group and had assets of over 100 million, thus deceiving Li (a college student) into trusting him and causing Li to become pregnant. Afterwards, the defendant Chen Junxiong defrauded the trust of Li's mother, the victim Dai, by forging single certificates, company asset certificates, etc. Since June 2015, the defendant Chen Junxiong made up excuses such as that the company was on the verge of bankruptcy and that bank loans were due and needed capital turnover, and repeatedly defrauded the victim Dai of 173.9985 yuan. The proceeds were used for stock trading and daily life. Squandering etc.

The court held that: Chen Junxiong used the means of concealing the truth and fabricating facts to defraud Li and his mother Dai (for Dai remitted to Chen Junxiong for medical treatment and other expenses, Dai was deceived into believing that Chen Junxiong paid for his future son-in-law), and repeatedly fabricated the need for funds for so-called corporate capital turnover, etc., and accordingly borrowed more than 1.74 million yuan from Dai. Chen Junxiong's own assets are extremely limited, he has no fixed occupation and source of income, and he has no ability to repay the above-mentioned loans. He also used the funds for stock speculation and squandering, and disposed of the funds wantonly, which is enough to determine that he has illegal possession of the loans.

2

Case No.: (2016) Sichuan 1902 Xingchu No. 225

During the period from the end of December 2013 to the beginning of 2014, the defendant Yang Chao used WeChat on his mobile phone to I met Ma Ying, Ma and Long You, and met Wang Nana and Wang through the introduction of others, and then established a romantic relationship with the three of them. In the process of interacting with the three victims, the defendant Yang Chao knew that he had no ability to repay the loan. He fabricated false reasons such as doing engineering decoration, his mother was ill, and decorating a hotel in Wenjiang, Chengdu. He repeatedly defrauded RMB 16.16 from somewhere in Ma Ying Ma under the pretext of borrowing money. Ten thousand yuan was defrauded, and RMB 83,500 was defrauded from Wang Nana and Wang, and RMB 12,000 was defrauded from Long Youlong, for a total of RMB 256,900. Defendant Yang Chao used the money fraudulently obtained to repay previous debts and for personal use, and then escaped.

For the purpose of illegal possession, the defendant Yang Chao defrauded others of a total of RMB 256,900 by fabricating facts and concealing the truth, a huge amount, and his behavior constituted the crime of fraud. Defendant Yang Chao argued that the debt dispute with Ma Ying and Ma was caused by emotional conflicts, and that he had a legal loan relationship with Wang Nana, Wang and Long You, and had the ability to repay. This was contrary to the verified facts, and the defense was untenable.

3

Case No.: (2015) Hai Xing Chu Zi No. 00185

1. From 2012 to 2013, the defendant Zhou Long was in Lianyungang City Dunshang Town, Ganyu District, fabricated facts such as "job transfer" and "being investigated by the procuratorate", and defrauded the victim Xia of RMB 600,000 in the name of borrowing money.

2. In 2013, the defendant Zhou Long met the victim Zan through Xia in Dunshang Town, Ganyu District, Lianyungang City, and developed a relationship with him as a boyfriend and girlfriend. Later, the defendant Zhou Long pretended to be from Lianyungang City. The staff of the Quality Supervision Bureau repeatedly fabricated facts such as "work transfers need to be handled" and "being investigated by the procuratorate". In the name of borrowing, they defrauded the victim Zan out of RMB 140,000.

3. In May 2013, the defendant Zhou Long met the victim Cui through QQ chat in Nantong City, Jiangsu Province and had sexual relations with her. Later, the defendant Zhou Long pretended to be a staff member of the Nantong Municipal Quality Supervision Bureau and fabricated facts such as "being investigated and handled by the Lianyungang Municipal Commission for Discipline Inspection". In the name of borrowing, he repeatedly defrauded the victim Cui of RMB 10,500. During this period, the defendant Zhou Long successively returned 7,600 yuan, and actually defrauded Cui of 2,900 yuan.

4. In July 2013, the defendant Zhou Long met the victim Li through QQ chat and had sexual relations with him. Later, the defendant Zhou Long pretended to be a staff member of the Lianyungang Municipal Quality Supervision Bureau and defrauded the victim Li of RMB 27,300 many times on the pretext of borrowing money.

5. In July 2014, the defendant Zhou Long met the victim Zhu through WeChat in Rugao City, Jiangsu Province and had sexual relations with him. Later, the defendant Zhou Long pretended to be a staff member of the Rugao City Quality Supervision Bureau, fabricated facts such as "being investigated for accepting bribes", and repeatedly defrauded the victim Zhu of RMB 90,000 on the pretext of borrowing.

6. In June 2013, the defendant Zhou Long met the victim Zhuang through online chatting and had sexual relations with him. Later, Zhou Long pretended to be a staff member of the Lianyungang Municipal Quality Supervision Bureau and defrauded the victim Zhuang of money many times on the pretext of borrowing money. On August 19, 2013, the victim Zhuang purchased a Toyota Camry sedan through the defendant Zhou Long. The car has been used by the defendant Zhou Long ever since. On October 20, 2013, the defendant Zhou Long concealed the truth and transferred the car to The car was resold to others for 174,600 yuan, and the proceeds were used to repay personal debts and spend money. On November 14, 2013, the victim Zhuang discovered that he had been cheated, and then he and his husband Li Baoquan asked the defendant Zhou Long for the defrauded property. After calculation by both parties, the defendant Zhou Long recognized the property obtained from somewhere in the victim's village. , and issued an IOU of 520,000 yuan, and later the defendant Zhou Long only repaid 40,000 yuan. (Naked defrauding money and sex, and treating unkind people... The last one contains a lot of information, proving that there is true love in the world...)

The defendant Zhou Long and his defender raised the issue of the relationship between him and Zhuang It was a normal loan-lending relationship, and Zhuang took the initiative to make emotional investment for personal purposes. Defendant Zhou Long did not argue that the crime of fraud was committed. This court believes that the defendant repeatedly pretended to be a state employee, fabricated the reasons for borrowing money, and defrauded many female victims in the name of borrowing money. The method and method of committing the crime were no different from the one used to defraud Zhuang, and his excuse was not accepted. The defendant Zhou Long defrauded others of their property, and the amount was extremely huge. His behavior constituted the crime of fraud, and he should be held criminally responsible in accordance with the law.

The above three cases all have one thing in common, that is, for the purpose of illegal possession, the perpetrator first implemented the deceptive behavior of "fabricating facts and concealing the truth", causing the other party to fall into a misunderstanding, and then the other party Based on this misunderstanding, the property was "voluntarily" disposed of. In the end, the perpetrator obtained the property, and the victim suffered property losses as a result.

Then, let’s analyze Xue Moumou’s case again (Note: The following content is only based on Li Moumou’s revelations).

During the interaction between Xue and Li, Li knew that Xue was the Xue who was more famous for his songs than others, and the Xue who couldn’t sing anymore and switched to Taobao to sell clothes. , and also knew the relationship history between Gao Moumou and L Moumou and Xue Moumou, so first of all, Li Moumou was clear about Xue Moumou's public identity.

Secondly, Xue Moumou clearly informed Li Moumou that he had to pay a breakup fee of 10 million because of his divorce from his ex-wife Gao Moumou. Xue Moumou implored Li Moumou to bear it in the name of love. So I scraped together 10 million from the Taobao store's income to shoulder this sweet burden. According to Li Moumou's best friend, Xue Moumou and Li Moumou once fell in love, so the routine of spending tens of millions to win her heart because of love is understandable. This is a case where one is willing to fight and the other is willing to suffer, and there is no deception at all. , things between adults always have their own secret rules.

Finally, after Xue Moumou got 10 million, he did give it to Gao Moumou. Li Moumou knew the whereabouts of this money from the beginning. Xue Moumou is really an honest boy, and he really gives it to Gao Moumou when he gets the money, and he doesn't secretly withhold part of it for his own entertainment.

SO, judging from the above Li Moumou’s online revelations, he met Xue, gave the money to Xue, and then Xue gave the money to Gao, all in one go. Li Moumou has always been aware of it and knew where the funds were going. On the chest. However, recently, Xue Moumou made a high-profile reconciliation with his ex-wife, so Li Moumou was hurt by love, complained bitterly about being in a bad relationship, and exposed the scumbag for cheating money and sex.

Xue Moumou’s fraud case, in my personal opinion, is an emotional dispute that caused a sensation in the city. Even if Xue Moumou is immoral in all kinds of ways, he can only make an evaluation from a moral standpoint. Unless the divorce between Xue Moumou and his ex-wife was a lie from the beginning, and the purpose was to defraud Ms. Li of 10 million breakup fees, otherwise, would he be convicted? Easier said than done.

I have recently read Kant, but I haven’t read it in depth yet, but this incident reminded me of a sentence from Kant, which may not be appropriate to use here, lightly spray. “I had to suspend knowledge to make room for faith.” Since ancient times, feelings cannot be solved by knowledge. Of course, I think it can be solved by faith. No one can guarantee that if you give me tens of millions, I will promise you a lifetime.

Finally, a big data report for Amway sisters. During Women's Day this year, Fana Criminal Defense published an article entitled "75.7% of men who borrow money from you within 3 months of dating are liars". It is supported by big data reports and can detect and kill scumbag men. Much more cool!

Sisters, I can only help you so far. If necessary, please click on the link... "75.7% of men who borrow money from you within 3 months of dating are liars"

- END -

Criminal-related, hot spot analysis, welcome Contribute. Submission email:

“One of the litmus tests of whether a country has true freedom is its attitude towards those who defend guilty people and those who are despised by the world.”

——Alan Dershowitz