Lawyer's character

Both police officers and auxiliary police officers wore uniforms that were too conspicuous. Zou Guang didn't have a uniform. After much deliberation, he felt that it was most convenient to pretend to be plainclothes, so he didn't have to change clothes and save costs. Why! Everything you do these days has to be cost-effective.

But he was afraid of being caught and sentenced to a heavy sentence when he pretended to be a plainclothes man. When he was serving his sentence in prison, an inmate was caught for pretending to be a police officer and committed fraud. The sentence was severe. In the end, he decided to pretend to be a staff member who helped the police handle the case, and asked passers-by to assist in handling the case, and targeted minors. Minors are relatively innocent and can easily gain trust.

Now that we have the means to commit a crime and the target group, how can we monetize it? He observed for a long time that minors generally did not carry much money with them, but most of them had mobile phones, and they were all good mobile phones, so he targeted the mobile phones.

There are many stalls in the electronics market that collect second-hand mobile phones. Mobile phones without invoices are much cheaper than mobile phones with invoices. Because everyone knows that the origin of such mobile phones is unknown, so the prices are kept down openly.

After that, Zou Guang wandered around schools in various districts, specifically chatting up minors, and confiscated their mobile phones for inspection on the grounds that they were involved in criminal cases and needed to identify criminal suspects. After getting the mobile phone, he would use the excuse that the car was parked far away and needed to drive or make up other reasons to ask the victim to wait where he was and not to wander around. Then, he fled the scene and went to the second-hand electronics market to sell the stolen goods, and he squandered all the stolen money.

He was frightened at first, but later he found that as long as he told the other party that he was involved in a criminal case, whether it was a boy or a girl, he would immediately hand over the phone honestly and cooperatively. The more he did, the more courageous he became, running around in various districts of the city.

Minors lack social experience and are easily fooled, but parents are not easy to fool. After receiving reports from multiple parents, Zou Guang's behavior also attracted the attention of the public security department. Just when he was suffering from a serious illness, the public security department launched a large-scale investigation based on the information reported by the students' parents.

While deploying police forces to cast a net around the school, they also sent people to visit the electronic market, the largest distribution center for second-hand mobile phones in the city.

There were several booths where he traded with Zou Guang in the electronics market. One of them was an inmate whose surname he met in prison was Zhang. During the investigation process, the police identified inmate Zhang who had a criminal record as a key investigation target. It happened that that day, inmate Zhang I collected several mobile phones without tickets and were caught by the police.

Inmate Zhang's business was neither black nor white, so now he could pull out the carrot and bring out the mud. In order to reduce the punishment, he revealed Zou Guang's case. The police asked him to cooperate in arresting Zou Guang. If he succeeded, they could recommend to the prosecutor. The officers did not prosecute him.

Prisoner Zhang nodded like a chicken pecking at rice. He didn't want to enter the palace for the second time. As the saying goes, a dead Taoist friend never dies a poor Taoist, so he called Zou Guang out with a phone call, and Zou Guang was arrested again.

"How many mobile phones have you got in total?" Fang Yi asked.

"Five, just five, an old Nokia model worth more than a thousand yuan, a Lenovo mobile phone worth a few hundred yuan, and three Samsung mobile phones, each worth ranging from one thousand to three thousand yuan. The surnamed Zhang kept the price down. The pressure was so severe that they only gave me a total of 3,500 yuan," Zou Guang said.

"Did you tell the public security bureau and the procuratorate that you also had five mobile phones?" Fang Yi asked, looking into his eyes.

"Yes, there are only five in total, really." Zou Guang's eyes were darting around, not daring to look at Fang Yi.

Fang Yi knew that he was definitely not telling the truth, but since neither the police nor the procuratorate were digging deeper into him, why bother.

In fact, Fang Yi's guess was correct. Zou Guang had been wandering around the city committing crimes for more than two months. How could he have obtained five mobile phones (inmate Zhang did not tell the truth to the police). It's just that many parents did not report the crime. Just these five mobile phones. There is also a film in which Zou Guang was defrauded by the police.

Speaking of which, Zou Guang was also unlucky. The three parents who reported the case were all ordinary people. After the police registered them, they all dealt with them as ordinary theft cases. The identity of the fourth parent who reported the case was somewhat special, which immediately attracted the attention of the public security department, so he had a meal. The results came soon after the operation.

After returning from the detention center, Fang Yi took a short break after lunch and went straight to the procuratorate to review the case and communicated with the prosecutor in charge of the case.

The next afternoon, Zou Guang's father, Zou Daliang, walked into the law firm's conference room again.

"Lawyer Fang, how is my son's case? Do you think it is theft or fraud?" Zou Daliang stretched his neck and asked Fang Yi with his eyes.

In his opinion, the crime of fraud seemed to be more serious than the crime of theft. Zou Guang had previously been sentenced to one year for participating in theft, so he had some understanding of the crime of theft.

"I think Zou Guang committed a crime of fraud, not theft. I agree with the procuratorate's opinion." Fang Yidao.

"Why?" Zou Daliang asked.

"Well... there are some theoretical issues involved here, I'll try my best to explain them to you in plain language.

From the perspective of the distinction between the crime of fraud and the crime of theft, the mainstream view in theory and judicial practice is that the difference between the two crimes lies in whether the victim disposed of his property based on misunderstanding.

To put it bluntly, the crime of fraud is a crime in which the victim is brainwashed by certain fraudulent means. After being deceived, the victim voluntarily hands over the property to the scammer. That is, the crime of fraud is a crime in which the victim voluntarily hands over the property to the perpetrator for possession and control; the crime of theft is It is a crime of stealing property against the victim's will.

I personally believe that the crime of fraud mainly uses deceptive means to defraud property, focusing on deception; the crime of theft usually steals property by secret means, focusing on stealing.

Let me give you an analogy. For example, if you meet someone on the street asking for help and borrowing your mobile phone to make a call, what would you do? "Fang Yi asked.

"It doesn't cost much to make a phone call, so just use it." Zou Daliang said.

"Are you staring at him, or are you worried that he will take your phone away?" Fang Yi asked.

"Hmm... definitely. I don't know him." Zou Daliang hesitated and said.

"That's right, because there's a lack of trust between you.

Therefore, in the normal process of borrowing a mobile phone, if there is no trust relationship between the lender and the borrower of the mobile phone, the lender will definitely pay close attention to the use of the mobile phone after lending the mobile phone in order to take back the mobile phone in time.

If the borrower takes advantage of the victim's unpreparedness while making a phone call, sneaks away with the phone and leaves the scene, thereby illegally possessing the phone. Then the borrower's behavior may constitute the crime of theft.

The case of your son Zou Guang is different from the above situation.

Zou Guang pretended to be a staff member who helped the police handle the case, thereby gaining the trust of the minor, defrauding the minor of a mobile phone, and then using various reasons to make the minor fall into a wrong understanding, allowing him to leave the scene with the mobile phone and leaving the scene in the original place. Waiting for him to return the phone.

Judging from the entire process of the case, Zou Guang's main method of obtaining the victim's (minor's) mobile phone was deception rather than theft, so Zou Guang's behavior did not meet the elements of the crime of theft.

The concept of possession in criminal law is different from that of daily possession. For example, after Zou Guang borrowed the mobile phone, he took it away from the scene. If the victim did not stop him, it should be considered that the possession and control relationship of the mobile phone had changed, and the victim had actually made a wrong disposal of the property because of being deceived.

As far as your son's case is concerned, the victim handed the mobile phone to your son Zou Guang, which was just an act of delivering the mobile phone. Your son Zou Guang took the mobile phone away from the scene, and the victim did not take effective measures to stop it. Only then did the property disposal occur. .

In this case, Zou Guang’s deceptive behavior caused the victim to fall into a misunderstanding, which led to the cell phone being taken away. The victim was present from the beginning to the end. The victim always believed that Zou Guang would come back and return the cell phone. Therefore, this case is more in line with the essential characteristics of the crime of fraud. You get it! "Fang Yi explained.

"Oh, although I don't understand much, I understand the general meaning of what you said. One is to lie, and the other is to steal. It's just like the big butt Li in our village deceived us to take money to invest in stocks, invest in factories, and then make money It's more like running away. Is that what you mean?" Zou Daliang asked.

"Yes, that's what it means." Fang Yi said.

"Then...Lawyer Fang, which crime is more serious, theft or fraud?" Zou Daliang is most concerned about which crime is more beneficial to his son Zou Guang.

"Let me explain it to you this way, according to the provisions of the Criminal Law:

Whoever steals public or private property if the amount is relatively large, or who commits multiple thefts, burglaries, thefts with weapons, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also 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 and not more than 10 years, and shall also be fined; If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. "Fang Yi said.

"If you put it that way, the severity of the two crimes is almost the same." Zou Daliang said with a wink.

"It's not what you said. On the surface, the penalties for the two crimes are three levels and the same, but the starting points are different.

Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" stipulates that theft of public and private property worth one thousand to three thousand yuan is considered a "large amount", and thirty thousand to one hundred thousand yuan If the amount exceeds RMB 300,000, it is considered a "huge amount", and if it exceeds RMB 300,000 to RMB 500,000, it is considered an "extremely huge amount."

According to Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud", defrauding public and private property worth three thousand yuan to more than ten thousand yuan is considered a 'large amount', and thirty thousand yuan If the amount is more than 100,000 yuan, it is considered a "huge amount", and if it is more than 500,000 yuan, it is an "extremely huge amount."

The amount of your son Zou Guang's crime is more than 9,000 yuan, which is less than 10,000 yuan. Our province has no special regulations on the amount of these two crimes. Therefore, based on the above explanation, the amount of your son's crime should fall into the " A larger amount'.

However, the starting penalty point for the crime of theft is lower than that for the crime of fraud. For the same amount of money, generally speaking, the penalty for the crime of theft will be heavier. Of course, this is not absolute and depends on the circumstances of the case.

Your son has a criminal record and has been punished before. If he commits another crime within five years, he constitutes a recidivist and will be severely punished this time. "Fang Yi said.

"Ah! How many years will my son be sentenced?" Zou Daliang looked at Fang Yi in shock. The lawyer had never mentioned the matter of recidivism before. At this time, Fang Yi's words made his brain a little unable to react.

"According to the provisions of the Criminal Law, he should be sentenced to fixed-term imprisonment of less than three years, and the possibility of criminal detention and control is unlikely. Because he is a repeat offender, probation is not applicable. I will defend him as a minor offender." Fang Yidao.

After hearing this, Zou Daliang felt a little lost. After a moment, he sighed: "Hey! I haven't learned well since I was a child. I just came out and went in after a few days!

I have a responsibility. I was working around to make money and couldn't take care of him, so he lived with his grandmother in his hometown... But in a blink of an eye, the child has grown up, the money has not been earned, and the child has been delayed..."

As he spoke, his eyes became moist.

After sending Zou Daliang away, Fang Yi suddenly thought of his son Fang Anzhi. He had been busy for half his life, and it seemed that he really didn't take care of his children.

After visiting Yunwu Tea House once, Wan Kefa became obsessed with tea art and traveled there at least three times a week. Yunmei was busy with business and was often away from the tea house, so he arranged for a tea master to teach him tea art.

The fat old man was in a good mood today. After get off work, Fei took Fang Yi and Huang Yuanchao to the office for tea, taking the opportunity to show off his tea skills.

Seeing the fat old man's unskilled movements, listening to Huang Yuanchao's proficient flattery, and drinking the priceless Dahongpao, Fang Yi secretly sighed in his heart: Does this mean that the fat old man has just left the wine world and entered the tea pit again? ! Drinking is harmful to the body, and drinking tea costs money. I wonder if the fat old man will regret it.

Just as he was thinking wildly, Wan Kefa spoke: "Old Huang, I see that you look good recently. Have you taken on another big case?"

"Look what you said, you have to take on big cases to be happy! We are lawyers, we can't always be obsessed with money. We must have a sincere original intention. Lawyer Fang, are you right?" As he said that, Huang Yuanchao glanced at Fang Yi , said with a thief smile.

Fang Yi held the tea cup and smiled without saying a word. If this word had come from other people's mouth, he might have believed it, but if it had come from Lao Huang's mouth... he was deeply suspicious.

"Don't talk about that useless thing. It's not the leader of the Justice Bureau who is here to inspect the work. What good thing is there?" Wan Kefa urged impatiently.

"There is indeed a good thing. The year before last, I represented a company in an intellectual property case. The other party was the plaintiff and a company, and I represented the defendant.

The plaintiff requested the court to order my client to immediately stop using and revoke a domain name registered with the China Internet Network Information Center. I think there should be no problems with this case, and the probability of winning is high.

As a result, the court determined that the trademark registered by the plaintiff was a well-known trademark in my country, and ordered my client to immediately stop using the domain name with the same name as the well-known trademark and to compensate the other party for economic losses of 50,000 yuan.

To be honest, I was very angry at the time, and the person involved also felt very angry. "Huang Yuanchao said.

"Let's get to the point. What happened next?" Fang Yi put down his tea cup and asked.