Case new perspective · Yu Tian | Release of false car purchase information to cheat money for men to be sentenced for one year

Recently, the Hutian County People's Court publicly tried a cyber fraud case in public. The defendant was sentenced to 1 year in prison and fined 2,000 yuan. Essence

Retrospective

In December 2020, Bymou posted information about selling used cars in the WeChat group he established and uploaded a few photos of vehicle.

In January 2021, after seeing the information, she saw one of the cars, and added Bye as a WeChat friend.

The two parties discussed that Ah Mou bought the car for 43,000 yuan, paid 10,500 yuan in advance, and paid 1600 yuan per month for the remaining vehicles until it was paid. The two sides agreed that Bymou paid the car within one month after A Mou paid the payment. It didn't take long for Ah Mou to pay the prepaid to Bai Mou through WeChat transfer.

However, at the agreed delivery time, Amou couldn't contact Bymou and was pulled into WeChat blacklist. Ah Mou realized that he called the police after being cheated.

In February this year, Mai Mou asked to buy a brand sedan in the WeChat group. After seeing the news, he added him as a friend. He lied that he could help Mai Mou buy his favorite car and cheated Mai Mou's 6,000 yuan vehicle prepaid. After that, Mai Mou was black. Mai was aware of being cheated and called the police.

In May of this year, after being captured by the public security organs, the criminal fact was truthfully confession.

Judgment result

After hearing the Yu Tian County People's Court, from December 2020 to April 2022, Bai Mou used WeChat group to release false purchasing vehicle information to deceive A Mou and Mai Mou total more than 16,000 yuan, constituting the crime of fraud. After the arrest of Bai, the court made a confession and voluntarily confessing the penalty in court.

Law link

"Criminal Law of the People's Republic of China"

Article 64 stipulates that all property of criminal income, prohibited items, and criminals shall be recovered or ordered to refund the compensation; My property should be confiscated. The confiscated property and fines shall be paid to the state treasury and shall not be misappropriated and handled by themselves.

Article 266 stipulates that: fraud crime fraud public and private property, if the amount is large, shall be sentenced to imprisonment, detention or control of less than three years, and shall be punished or single; The above ten years of imprisonment and a fine; if the amount is particularly huge or other particularly serious, it is sentenced to more than ten years in prison or life imprisonment, and fined or confiscated property. If there are other regulations in this law, in accordance with regulations.

"Criminal Procedure Law of the People's Republic of China"

Article 15 stipulates that the criminal suspect and the defendant voluntarily confess their crimes from the criminal suspect and the defendant who acknowledge the crime of the crime and be willing to accept the punishment.

Judge remind

In this case, Bymou used various methods to obtain the trust of others in the WeChat group, to deceive the parties to "hook". The judge here reminds netizens that when shopping online, we must carefully identify and treat various types of information rationally, choose regular channels to buy goods, and always be vigilant to avoid losing property and regret.

Source: Hutian People's Court

Correspondent: Zhao Fu Wang Baohong

Edit: Li Ruiqi Senbaiti

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