327. Whether it can constitute a crime depends on the age of the other party...
This netizen's story is interesting:
He has a friend B, who works in a bank, and the two have known each other for several years.
He himself used to help people raise credit cards, and he probably had dozens of credit cards in his hands.
said that one day, his good friend B found him and said to borrow his credit card to use it.
Because the other party was the lobby manager of a certain bank, the two had known each other for a long time, and he didn't think much about it and lent the credit card in his hand to this B.
"I thought he was borrowing credit cards for regular purposes, but who knew he was meowing to launder money for others.
I really can't figure it out, he doesn't lack money, and he has opened a foot-washing city in our area, why would he do such a thing. ”
At the mention of his righteous friend B, he was a little angry.
The rest is simpler.
That Mr. B used the credit card he gave to take the fraudulent money and was frozen by the law enforcement unit, and Uncle Hat also came to the door according to the address of the bank card...
"I went to play with C at the time, and I brought two buckets of instant noodles, but I didn't expect to be caught directly by Uncle Hat."
C, who is also his good friend, has a credit card that is kept in the hands of this netizen...
"I'm a little confused, I have chat records to prove that I didn't know, and I didn't make any profits, why was I given by Uncle Hat to know?"
This netizen is actually not short of money, he has two physical stores in his hands, and he also drives a BMW, so he can be regarded as a successful person.
In his words:
I am the owner of two shops, I own a BMW, and I have a deposit of 1.8 million yuan, can I commit a crime for those thousands of dollars?
"If you feel that the court has a problem with your verdict, you can find a lawyer to appeal."
After listening to his story, Li Chen took a sip of tea before he began to answer his questions.
"If I appeal, will the sentence be commuted to a real sentence?"
"Possibly."
Li Chen nodded after hearing this: "Because your behavior itself has a lot of abnormal behavior.
As a person who raises cards on behalf of others, you have not fulfilled your responsibilities and obligations.
Someone else handed over a credit card to you, but you lent the credit card to someone else to use, which is your fault.
Based on your behavior, you can be convicted of obstructing credit card management.
According to Article 177-1, Paragraph 1 of the Criminal Law of the People's Republic of China, "illegally possessing another person's credit card in a relatively large amount" constitutes the crime of obstructing credit card management.
When you were caught, did Uncle Hat ask you to take out all your credit cards in your hand? ”
"Yes."
When the male netizen heard this, he said: "Those credit cards are all in my house, they followed me to my house, and after I took out all the credit cards, they also took photos, including two POS machines." ”
"That's right."
After listening to him, Li Chen continued to speak: "According to the Criminal Law, illegal possession of other people's credit cards, and the cumulative number of more than five can be prosecuted.
Where credit card management is obstructed, the starting point is up to three years imprisonment or short-term detention, and/or a fine of between 10,000 and 100,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given.
Your reasons for keeping and lending them won't work with law enforcement.
As it stands, only immediate family members are eligible for an objectively unknown loan.
For example, if you lend money between husband and wife, father and son, and if there is a problem with the loan of other relationships, the loan will bear the corresponding criminal liability.
Second, you said that you warned the other party in your chat history not to let the other party use the credit card you gave him to do illegal things.
From your personal point of view, this is indeed a situation that can prove that you are not aware of it, but from the perspective of other people, especially law enforcement agencies, you have no silver in this place.
You find out that something is wrong with him, so why don't you ask the other party for those credit cards that you lent back?
Since you have a hunch that the other party is doing something bad, why don't you go to the police to deal with it?
These are your personal questions, and once you decide to appeal, be prepared to answer them. ”
"Oh... I know. ”
After listening to Li Chen's answer, male netizens were also ready to give up struggling.
He was given a seven-month suspended sentence by the trial court, and he was about to be released, so there was no need to toss...
"It's not buddy, what do you think, actually lend someone's credit card to a third person?"
"Okay, okay, right? Lao Tzu asked you to raise the card, you gave Lao Tzu one step to the lungs and directly raised to death, right? ”
"Lawyer Li is right, some relatives really can't believe it, a while ago my cousin took my bank card and said that he asked the company to pay salaries, and I didn't suspect him, but the result was that he and I were arrested!
My cousin is in now, a year and a half, and I am on probation for seven months, and I wonder if I should take care of my cousin instead of my cousin. ”
"My bank card was lent to my niece and I was given a six-month suspended sentence."
"Some relatives really can't believe it..."
Netizens started the discussion again.
Some relatives are really speechless.
Li Chen did not continue the discussion around this topic.
Whether it is relatives or immediate family members, it still depends on them.
Some relatives are very good, and they usually get along very well, but some people are different, and they belong to the nest.
The four who whispered outside stood up as soon as they got home.
Husbands and wives, children, friends, relatives...
Both.
The live broadcast lasted for more than two hours, and Li Chen was also very serious about answering every question from netizens in the live broadcast room.
There are those who ask for help letters, those who ask about divorce lawsuits, and those who have labor disputes.
The most outrageous is such a case.
The male netizen met an online anchor on the Internet, because after swiping the gift, he also successfully got the female blogger's Weixin, and successfully won the other party.
The way the two get along is more like an exchange of flesh and money.
Perhaps because of the impact of the previous engagement case, the male netizen added the word PC in the process of chatting with the other party.
Just as he feared, the female blogger was really going to sue him for rape.
It was precisely because of this that he asked Li Chen whether his actions could constitute the crime of rape.
Li Chen's reply was simple:
Look at age.
If the other party is an adult, it is not a big problem, and the behavior between you is very likely to not constitute a PC crime.
Because the place where the two of them met was not a special place, and the female blogger was not the kind of person who kept the spot in the market...
Can it be a PC crime to chat with a female anchor in private?
Probably not.
Unless you know the other person's identity is a chicken.
But if the other party's age is a minor, it will be very punishable.
Proper rape!
(End of chapter)