The police and auxiliary police wear uniforms that are too conspicuous, Zou Guang has no uniform, and after thinking about it, he thinks that it is most convenient to pretend to be plainclothes, without changing clothes, and save costs. Ay! In these years, you have to talk about the cost of doing anything.

But he was afraid of being caught and sentenced heavily by pretending to be in civilian clothes, and when he was serving his sentence in prison, a fellow inmate was arrested for pretending to be a police officer for fraud, and the sentence was heavy. In the end, he decided to pretend to be a staff member who helped the police to handle the case, and asked passers-by to assist in handling the case, and the target was minors, who were relatively simple and easy to gain trust.

With the means of committing the crime and the target group, how to realize it? He observed for a long time that minors generally don't have much money on them, but most of them have mobile phones, and they are all good mobile phones, so he set his sights on them.

Some of the stalls in the electronic market to receive second-hand mobile phones are that mobile phones without invoices will be much cheaper than mobile phones with invoices, because everyone knows that this kind of mobile phone is from an unknown source, so it is bright and bright to reduce the price.

After that, Zou Guang wandered around the schools in various districts, specifically accosting minors, and confiscating the other party's 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 far away and needed to drive or make up other reasons to ask the victim to wait in place and not walk around. Then, he fled the scene and went to the second-hand electronics market to sell the stolen goods, and all the proceeds were squandered by him.

At first, he was still terrified, but later he found that as long as he said that the other party was involved in a criminal case, whether it was a boy or a girl, the other party immediately turned over the mobile phone honestly and obediently. He also became more and more bold, and ran around the various districts of the city.

Minors lack social experience and are easy to be fooled, but parents are not easy to fool, and after receiving reports from multiple parents, Zou Guang's behavior also attracted the attention of the public security department. Just when he was smug about the spring breeze, the public security department launched a large-scale investigation based on the information reported by the student's parents.

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

There are several stalls in the electronic market to trade with Zou Guang, one of which is the surname of a cellmate he met in prison, and the police set the prisoner with a criminal record as the key target in the process of touching and arranging, and it happened that on that day Zhang Cellmate received a few mobile phones without tickets and was arrested by the police.

In order to reduce the punishment, he shook out Zou Guang's matter, and the police asked him to cooperate with the arrest of Zou Guang, and if he succeeded, he could suggest that the prosecutor not prosecute him.

Cellmate Zhang nodded like a chicken pecking rice, he didn't want to enter the palace twice, as the so-called dead friends do not die poor, so he called Zou Guang out with a phone call, and Zou Guang was arrested again.

"How many phones did you get?" Fang Yi asked.

"Five, just five, an old Nokia model, worth more than a thousand, a Lenovo mobile phone is worth a few hundred yuan, and three are Samsung mobile phones, each worth 1,000 to 3,000. The price of the surname Zhang was very high, and he only gave me a total of 3,500 yuan. Zou Guangdao.

"You also talked to the public security organs and the procuratorate about five mobile phones?" Fang Yi looked into his eyes and asked.

"Yes, there are only five in total, really." Zou Guang's eyes were rolling around, and he didn't dare to look at Fang Yi.

Fang Yi knew that he must not be telling the truth, but the public security and the procuratorate did not dig himself down, so why bother.

In fact, Fang Yi's guess was really right, Zou Guang has been wandering around the city for more than two months, how could he get five mobile phones (Zhang Cellmate didn't tell the police the truth), but many parents didn't report the case, and one of these five mobile phones was scammed out by the police.

Speaking of Zou Guang is also unlucky, the three parents who reported the case before are ordinary people, and the police have all dealt with ordinary theft cases after registration, and the identity of the fourth parent who reported the case is somewhat special, which immediately attracted the attention of the public security department, so there was a result 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 interrogate the case file and communicate with the procurator 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's theft or fraud? Zou Daliang craned his neck and asked with his eyes fixed on Fang Yi.

In his opinion, the crime of fraud seems to be heavier than the crime of theft, and Zou Guang was sentenced to one year for participating in theft, so he has some understanding of the crime of theft.

"I think Zou Guang is guilty of fraud, not theft. I agree with the Public Prosecutor's Office. Fang Yi said.

"Why?" Zou Daliang asked.

"Hmm...... There are some theoretical issues involved, and I will try to explain them to you in the vernacular.

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

To put it bluntly, the crime of fraud is to brainwash the victim by certain fraudulent means, and the victim voluntarily hands over the property to the scammer after being deceived, that is, the crime of fraud is a crime in which the victim voluntarily hands over the property to the perpetrator for possession and disposal; The crime of theft is the crime of stealing property against the will of the victim.

Personally, I believe that the crime of fraud is mainly to defraud property by deception, and the focus is on deception; The crime of theft is usually the theft of property by clandestine means, with a focus on theft.

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

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

"Are you going to be staring at him, are you worried that he's taking your phone away?" Fang Yi asked.

"Hmm...... Definitely. I don't know him. Zou Daliang hesitated.

"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, so as to take back the mobile phone in time.

If the borrower takes advantage of the victim's unpreparedness to sneak away with the mobile phone and leave the scene while making a phone call, thus illegally taking possession of the mobile phone. The borrower's conduct may then constitute the offence of theft.

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

Zou Guang pretended to be a staff member who helped the police to handle the case, so as to gain the trust of the minor, deceived the minor's mobile phone, and then misunderstood the minor for various reasons, allowing him to leave the scene with the mobile phone, and waiting for him to come back and return the mobile phone.

Judging from the entire course of the case, Zou Guang's main way of obtaining the victim's (minor's) mobile phone was to defraud rather than steal it, so Zou Guang's conduct did not meet the constitutive elements of the crime of theft.

The concept of possession in criminal law is not quite the same as that of everyday possession. For example, if Zou Guang borrowed a mobile phone and took it away from the scene, if the victim did not stop it, it should be considered that the relationship between possession and domination of the mobile phone had changed, and the victim had actually wrongly disposed of the property because he had been deceived.

In the case of your son, the victim handed over the mobile phone to your son Zou Guang, but it was only the delivery of the mobile phone, and your son Zou Guang took the mobile phone away from the scene, and the victim did not take effective measures to stop it, and the disposition of property occurred at this time.

This case was due to Zou Guang's deception, which led the victim to fall into a misunderstanding, which in turn led to the removal of the mobile phone, and the victim was present from beginning to end, and the victim always thought that Zou Guang would return the mobile phone, so this case is more in line with the essential characteristics of the crime of fraud. You get the idea! Fang Yi explained.

"Oh, although I don't know too much, but I understand the general meaning of what you say, one is a liar, and the other is stealing. It's similar to when Li Da Ass in our village fooled us into taking money into shares, investing in factories, and then running away with money. That's what it means, right? Zou Daliang asked rhetorically.

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

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

"Let me explain to you this, according to the provisions of the Penal Code:

Theft of public or private property, where the amount is relatively large, or where there are multiple thefts, burglaries, thefts with weapons, or pickpocketing, are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Fang Yi said.

"If you say so, the severity of the sentences for both crimes is about the same." Zou Daliang blinked and said.

"It's not what you said, on the surface, the punishment for the two crimes is three grades, and they are the same, but the starting point is different.

Article 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft" stipulates that the theft of public or private property with a value of 1,000 to 3,000 yuan or more is a 'relatively large amount', 30,000 to 100,000 yuan or more is a 'huge amount', and 300,000 to 500,000 yuan or more is a 'particularly huge amount'.

According to Article 1 of the "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", the amount of public or private property defrauded is between 3,000 and 10,000 yuan and more is 'relatively large', 30,000 to 100,000 yuan or more is 'huge', and 500,000 yuan or more is 'especially huge'.

The amount of your son Zou Guang's crime is more than 9,000 yuan, less than 10,000 yuan, and our province has no special regulations on the amount of these two crimes, so with reference to the above explanation, the amount of your son's crime should be 'relatively large' among the two crimes.

However, the starting point for theft is lower than that for fraud, and in the case of the same amount, the penalty for theft is generally heavier. Of course, this is not absolute, and it depends on the facts of the case.

Your son has a previous criminal record, has been punished, and within five years, he has committed another crime, which constitutes a repeat offender, and this time he will be punished heavily. Fang Yi said.

"Ahh How many years will my son be sentenced? Zou Daliang looked at Fang Yi in dismay, the lawyer hadn't mentioned it before the recidivism, and at this time, Fang Yiyi said that his brain couldn't react a little.

"According to the provisions of the Criminal Code, there should be a sentence of imprisonment of less than three years, and criminal detention and surveillance are unlikely, because they are repeat offenders, and probation is not applicable. I would defend him for the lesser crimes. Fang Yi said.

After hearing this, Zou Daliang was a little distracted, and sighed after a while: "Hey! I didn't learn well since I was a child, but I just came out and went in again for a few days!

I have responsibility, I couldn't take care of him when I worked around to make money, he followed his grandmother in his hometown for ......, and in a blink of an eye, the child was older, the money was not earned, and the child was delayed......"

As he spoke, his eyes moistened.

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

Since going to Yunwu Tea House once, Wan Kefa is obsessed with tea art, running at least three times a week, Yunmei is busy with business, often not in the tea house, so he arranged a tea master to teach him tea art.

Today, the fat old man was interested, and after work, he took Fang Yi and Huang Yuanchao to the office to drink tea, taking the opportunity to show his tea art.

Looking at the fat old man's not very skillful movements, listening to Huang Yuanchao's sound of sycophants, and drinking the valuable red robe, Fang Yi sighed in his heart: Is this a fat old man who just got out of the wine jar and entered the tea pit again! Drinking alcohol hurts the body, drinking tea costs money, I don't know if the fat old man will regret it.

Just when he was thinking nonsense, Wan Kefa spoke: "Lao Huang, I see that you look good recently, are you taking on any big cases again?" ”

"Look at what you said, you have to take on a big case to be happy! We are lawyers, and we can't always drill into the eyes of money. It is necessary to have a sincere original intention. Lawyer Fang, are you right? As he spoke, Huang Yuanchao glanced at Fang Yi and said with a sly smile.

Fang Yi held the teacup, smiled and said nothing, if this came out of someone else's mouth, he might believe it, but when it came out of Lao Huang's mouth...... He was deeply skeptical.

"Don't talk about that useless, it's not the leader of the Justice Bureau to inspect the work, what's the good thing?" Wan Kefa urged impatiently.

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

The plaintiff requested the court to order my client to immediately cease using and revoke a domain name registered with the China Internet Network Information Center. I don't think there should be any problem with this case, and the probability of winning is very high.

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

To be honest, I was very angry at the time, and the person concerned was also very angry. Huang Yuan said.

"Getting to the point. And then? Fang Yi put down the teacup and said.

(End of chapter)