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Recently, by Beijing procuratorate some is suspected of the Chen Mou of to sue of the 2nd branch department with brushing bilk of home remedy type phonily platform of some cable business withdraws one proposal of fund of goods pay for sb and expect to be repaid later more than yuan 800, in Beijing the 2nd intermediate court makes public sessional cognizance. The court sentences Chen Mou with crime of fraud on the court some set term of imprisonment 11 years, some expresses Chen Mou obedient court court decision, do not appeal.
Via checking, chen Mou of the accused person some makes trade of some platform report through buying some net store. Spend to improve client satisfaction, this platform is setting of its refund system retreat payment for goods to the pay for sb and expect to be repaid later that buy the home by platform first after buying the home to cancel order, again from businessman purse account corresponding amount is deducted in receivable payment for goods. Some uses Chen Mou 2 times the settle accounts time of system of clear settle accounts differs platform, come at the beginning of December 2017 oneself by January 2018, when the remaining sum in businessman purse was not deducted, through daily make be carryinged often showing operating executive cover interest.
Inside the time of a many month, some employ major brushs Chen Mou single staff, oneself are used in platform of this cable business actual pilot net inn, produce 1680 to trade continuously order, pay in every order after finishing order cancels inside 1 hour, arise from this retreat total amount of payment for goods to be as high as 16.33 million yuan. Although platform deducts money of partial pay for sb and expect to be repaid later successfully, but Chen Mou some gains profit illegally still more than yuan 8.85 million, use at the individual prodigal.
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According to procuratorate of this case undertaker, Beijing Wang Zhiqin of chief of department of the first procuratorial work introduces the 2nd branch department, in the process that handles this case, to Chen Mou the crime of fraud of qualitative and main existence of some behavior is mixed the controversy of larceny.
? The point of view that holds crime of fraud thinks, chen Mou some is a purpose with detinue, brush only way through employ other, make electric business platform is immersed in wrong understanding, thinking by accident is to accord with the order of regulation of platform refund pay for sb and expect to be repaid later to offer pay for sb and expect to be repaid later refund, accord with the essential feature of crime of fraud, it is form of a kind of of crime of fraud new-style expression.
? And the point of view that holds larceny thinks, some behavior has Chen Mou the token that cheats platform, but whole refund process is participated in without the natural person, it is systematic basis sets regulation to be finished automatically beforehand. Because the machine is impossible to be cheated, be immersed in wrong understanding impossibly also, because of this Chen Mou some behavior does not constitute crime of fraud, it is the loophole that exploits systematic regulation, secret filch property leaves in unmanned and witting circumstance, accord with larceny make important document.
"Machine whether the core issue that becomes a fool to become a case to allow determinism. To solve this one problem, we appealed ' check answers net ' , query ' machine whether be cheated ' hind achieved business expert return. " Wang Zhiqin says, the expert thinks a few equipment have particular voluntary service function, be attributed to the person's management finally even, be acting function of the person is outspread, use the crime such as the bilk that these machine equipment carry out, theft, actual it is to be aimed at the person of the everybody that concerns with these machine equipment, management, use person crime that carry out.
As we have learned, on this foundation, 2 branch department hold expert argumentation technically still to meet, the famous professor that invites university of university of people of Beijing University, China, Chinese politics and law and Beijing Normal University has proof, major expert supports " check answers net " opinion.
In front courtyard careful, purse of businessman of existence of design of system of refund of platform of apologetic hostage doubt is receiving the not synchronous flaw on time of enter an item in an account. If platform system is put in flaw, criterion the accused person is to use property of flaw secret filch, and rather than uses regular and dummy fact to make the injured party is immersed in the mistake is known and punish belongings, this will with accusation its form crime of fraud to produce conflict.
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"Case of integrated judgement entire case and Chen Mou some admit one's guilt manner, we decide to apply for a witness to appear in court attest. " Wang Zhiqin says, talk things over via belonging to firm censorial department to be communicated for many times with place of electric business platform, appear in court by its assign personnel certainly demonstrative circumstance. Level questions in the court, put forward in the light of paraclete " have flaw because of platform system, defendant person with ability arose to make meaning, so the injured party has certain fault " opinion, public prosecutor stresses the specific design that questioned refund system to the witness, witness testimony confirmed platform refund system does not have flaw, clarity showed Chen Mou of the accused person some is a purpose with detinue, use systematic refund regulation, trade on dummy line, bilk platform retreats the fact of payment for goods, effectively accuses and proved guilt, those who got a court is sufficient approbate.
