Reviewing of details of a case
Current society, still existence of one part person has blind faith in psychology, and this kind of psychology is very easy by " a person with high aspirations and determination " use, if a few illegal elements use feudal superstition method,deceive the public cheat money to cheat content.
To get money, qiu Mou of the accused person flower, Liao Mou, " A Dong " (the full name is unspecified, be at large) conspire to be cheated to travel of churchyard of riverside north county. By " A Dong " drop purse intentionally before the victim, qiu Mou flower pretends collect puts forward to arrive with the victim devious punish money, after that " A Dong " fold again return those who pretend this purse is to build temple hall to use, and professing is " Great Master " , minatory if the person that says collect does not remand a family general suffer disaster, immediately to partner put to good use of Qiu Mou flower " theurgy " or " magic arts " , qiu Mou flower falls down cooperate, use victim literacy rate low exist again the psychology of superstition thought, make its believe thoroughly. At this moment " A Dong " ask the victim takes out all gold to do " law thing " disappear calamity. The circumstance prevents Liao Mou to be discovered by other all round responsible observation, the 3 people after taking money take the victim quiet place to go " law thing " , with " pick 100 pieces of leaves " for prop of the calamity that make pass the time in a leisurely way, take the advantage of its to unexpectedly taking money decamp. This gang uses this method insanity to commit the crime, part on January 18, 2018, on March 24, on March 29 diddle Zhang Mou some (70 years old) , Yang Mou (57 years old) , the bell is such-and-such (66 years old) cash 25000 yuan, 5600 yuan, 6000 yuan.
Forensic court decision
Court of people of county of north of riverside of Guangxi Zhuang Autonomous Region sentences the accused person lawfully with crime of fraud Qiu Mou flower set term of imprisonment 3 years, punish golden RMB 10 thousand yuan; Sentence set term of imprisonment of Liao Mou of the accused person 2 years 6 months, punish golden RMB 10 thousand yuan.
The court thinks via cognizance, qiu Mou of the accused person flower, Liao Mou is a purpose with taking up illegally, with the method of dummy fact, diddle other property, its behavior offended " criminal law of People's Republic of China " the 266th regulation, constitute crime of fraud, accordingly, the court makes afore-mentioned court decisions lawfully.
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Judge view
The common occurance in having blind faith in bilk to live in common people, perform through having aforethought " treat sb with the way he has devised against others " , increase the degree of belief that the victim deceives people to going, achieve bunco goal finally. Bilk is criminality, basis " criminal law of People's Republic of China " the 226th regulation, crime of fraud is to point to it is a purpose with detinue, perhaps conceal the method of the truth with dummy fact, diddle counts the behavior of the state-private property with larger specified number. Cent of crime of fraud is 3 archives measurement of penalty, first gear is, bilk is state-private and financial, number is larger, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in or only punishment gold; second gear is, amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish gold; The 3rd archives is, amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, punish gold to perhaps confiscate property.
Use feudal superstition to undertake bilk, although commit the crime gimmick is set, but because a few old people suffer psychological effect, feudal superstition thought is serious, not was on guard psychology, do not do an analysis to the words and deeds of cheater, often be deceived easily. Accordingly, broad citizen especially in old people should increase in daily life be on guard consciousness, do not strike up a conversation with stranger at will, do not disclose domestic case stranger easily, should do away with feudal superstition thought more, advocate science, do not believe " the sky falls disaster " " the phantom kills a person " wait for superstition view.
