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What kind of crime does it constitute to use the shopkeeper's negligence to carry out transfer and defraud property

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What kind of crime does it constitute to use the shopkeeper's negligence to carry out transfer and defraud property


        

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  • 2024-05-25 19:01:34

    The perpetrator's illegal possession of the bag seems to be obtained by deception, which is in line with the characteristics of the crime of fraud. In fact, he creates conditions for his secret theft of the bag by deception. The means to finally obtain the bag with cash is obtained by the shopkeeper's carelessness. The role of the empty bag is to cover the perpetrator's theft, So that the theft will not be detected in time. That is to say, it was not the intention of the shopkeeper to hand over the bag containing cash to the actor. Therefore, theft is the key to the realization of the criminal purpose of the perpetrator, and Liu's behavior should be defined as theft rather than fraud.

    [Legal Basis]

    Article 264 of the Criminal Law: Whoever steals a relatively large amount of public or private property, or repeatedly steals, burglarizes, steals or pickpockets with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.

    Wu***

    2024-05-25 19:01:34

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