■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
The first part
Juridical case is combed
One, compensate a paragraph through forging the diddle such as property right certificate, give an official, decide crime of fraud.
Record date: (Punishment of 2017) another name for Guangdong Province eventually 500
Details of a case: Zhong Mou and with case person Liu Mou, by with case person Huang Mou (already adjudicated) in false " bourg curtilage base uses card " Cen Cun is built on Xerox some company official seal issue " proof " , make Zhong Mou is located in Zhu Yuan of big Bu of village of some Ou Mou 3, on 4 date land temporarily the building is able to press curtilage base standard is collected, obtain a country to ask for the ground to tear open change to compensate a paragraph to add up to RMB 5986192.8 yuan, zhong Mou shares 2210907.24 yuan among them, be adjudicated to constitute crime of fraud eventually, sentence a set term of imprisonment 10 years.
2, compensate a paragraph through forging the diddle such as property right certificate, give an official, forge blame of national office certificate surely.
Record date: (2015) the word at the beginning of outskirt punishment 245
Details of a case: Chang Mou under one's name has 3 flatlet house, but have card of a land only, the basis dismantles change provision, the form that fills according to one card is compensated. Chang Mou is compensated to obtain more, card gives the collective land access that privately provided 2 to forge estate company, win many yuan of 60 compensation finally more.
The court adjudicates Chang Mou is formed finally forge blame of national office certificate, reason is estate company dismantles change plan to accelerate, compensation of indulge of exceed one's authority causes Chang Mou of the accused person to go up objectively the compensation money that had estate to develop limited company 666357 yuan and 3 flatlet house, bring about cannot maintain Chang Mou to be opposite purpose of above property detinue, of subjective bilk intended inadequate, should conviction in order to forge blame of national office certificate measurement of penalty.
3, compensate a paragraph through amount of dummy, make a false report or area diddle, decide crime of fraud.
Record date: (2016) auspicious at the beginning of 0323 punishment 226
Details of a case: Yi connected Manchu autonomous county to build Yi Changgong 2015 in transient Cheng, the Fan Cun after need commandeer Yi connects a county of Zhou Tienan of villager of collect of Home Sun shack, Li Ping, Sun Changji, Home Xia Yinhui curtilage base and vegetable garden ground. When measuring commandeer land border, zhou Tienan of the accused person, Li Ping, Sun Changji, Xia Yinhui empty points to abuttals, diddle of area of land of give false information compensates a paragraph, cheat so that compensate a paragraph respectively 26072.5 yuan of 32804.11 yuan of RMBs, RMBs and 24011.77 yuan of RMBs. The court adjudicates finally constitute crime of fraud.
4, grab through breaking the law build, rush-planting diddle compensates a paragraph, decide crime of fraud.
Record date: (2017) another name for Hubei province at the beginning of 0111 punishment 1199
Details of a case: In March 2011 portion, xie Mou of the accused person army in know perfectly well Xie Mou 5, Xie Mou 6, Zhou Mou (already all sentenced) tear open change to compensate a paragraph for diddle, collective and contributive with Xie Mou 6 name break the law grab the case that builds a house to fall, offer land and contributive RMB is participated in 30 thousand yuan grab build, forensic court decision constitutes crime of fraud after.
5, compensate a paragraph through diddle of the fictional and false contract that rent, decide crime of fraud.
Record date: (2016) auspicious at the beginning of 0104 punishment 433
Details of a case: 2006, blessing of Wang Mou of the accused person and Wang Mou plot beforehand use his a land of advanced Cheng Cun is tearing open the diddle in change process to compensate a paragraph, with secretary of a Party or League branch of future village village Ma Mou makes up false land rents a contract, advanced Cheng Cun acquired a land of photograph adjacent again, handle official bussiness through nominal place, grab build workshop, empty to add equipment, false evaluate wait for Changchun of means Cong Mou some diddle covers an area of compensation fund RMB 19, 172, 662.5 yuan. After the event, wang Mou shares from which RMB 4, 050, 0 yuan, the others debt is mixed by Yangyi Wang Mou blessing detinue.
The court adjudicates Wang Mou blessing constitutes crime of fraud finally.
6, admit through risking, diddle of means of falsely claim as one's own compensates a paragraph, decide crime of fraud.
Record date: (2017) another name for Guangdong Province 13 punishment eventually 146
Details of a case: Because difficult highway needs construction benevolence,Ping Ling of county of commandeer dragon door presses down yellow Sha Cun white rock group, Ping Ling presses down small pool village " shellfish of a short slender pointed piece of metal " wait for country, ask by the job that ask for the ground the masses of migratory graveyard is attainable corresponding change grave compensates a paragraph. In May 2016, qing Dynasty of Qiu Mou of the accused person finds Li Mou 1, Xu Mou 1, make the means diddle change that secondly the person identifies graveyard through risking graveyard compensate a paragraph, the agreement gives after diddle compensates a paragraph secondly person every graveyard in all 6000 yuan pay, the others puts in grave of the accused person 's charge some Qing Dynasty is all. Later, hui Qingxian of grave of the accused person presses down yellow Sha Cun in Ping Ling the country of white rock group is searched 2 derelict grave, take Li Mou the 1 country to white rock group affirms graveyard position, by Li Mou 1, Xu Mou 1 to bureau of natural resources of land of dragon door county Ping Ling presses down land place to deal with false graveyard to register, the formalities such as change grave compensation, grave of intent diddle change compensates a paragraph to add up to 42050 yuan.
The court adjudicates Qiu Mou Qing Dynasty constitutes crime of fraud finally.
7, through temporarily hire, rented means diddle compensates a paragraph, decide crime of fraud.
Record date: (2017) rash at the beginning of 1102 punishment 125
Details of a case: 2014 spring, new east harbor dominates a group limited company and sunshine town east port area Qin Lou is street village of Feng Jia channel appoint collaboration is right village of Feng Jia channel piece the area undertakes old city transform. Qin Mou enrols the accused person to tear open change to compensate a paragraph to get, classics and filial piety of Qin Mou of the accused person beforehand consultative, below the circumstance that breeds a fox not actually in its oneself, the fox that filial piety of jade of hire the Qin Dynasty breeds 638, diddle is new east harbor accuses a group limited company to recoup a money 31900 yuan.
The court adjudicates Qin Mou action constitutes crime of fraud finally.
8, diddle of conduction holiday registered permanent residence, false birth certificate compensates a paragraph, decide crime of fraud.
Record date: (2015) the word at the beginning of river punishment the 29th
Details of a case: In June 2013, hao Mou of the accused person with a ha is informed this village to tear open change to will press every population to extend after fund of the compensation that tear open change, produced diddle of population of make a false report to amend the think of a way of the paragraph. Haing phone connection is in Hao Mou the accused person of native place of county of Jing Ning of the Gansu Province Wang Mou swallow (Hao Mou breaths out a wife) , swallow of Wang Mou of incite sb to do sth " lane " a piece " be born medicine proves " , tear open change in order to deal with diddle of false registered permanent residence to compensate a paragraph. In August 2013, swallow of Wang Mou of the accused person is in center of red temple of county of Jing Ning of the Gansu Province through family hospital " deal with " a piece of new student " Hao Mou " " be born medicine proves " (parents is Hao Mou to breath out, Wang Mou swallow) , send Hao Mou of the accused person to with a ha carry out bilk. In November 2013, hao Mou of the accused person with a ha uses this " be born medicine proves " with other and relevant formalities, for " Hao Mou " in this village settle. In December 2013, some with a ha got Hao of the accused person " Hao Mou " fund of the compensation that tear open change, award fund adds up to cheat 151000 yuan.
The court adjudicates Hao Mou with a ha constitutes crime of fraud finally.
The 2nd part
Legal analysis
Through reading a large number of case, the knot is mixed related lawful law practice, we think, the act that gets compensation money through the make a false report, means that forges false papers or other deceit to conceal to this kind how qualitative, be not constitute crime of fraud necessarily, divisional blame and the crucial point that are not a blame have at 2 o'clock:
01
Is intended, be in for example break the law grab build, in the case of fund of rush-planting diddle compensation, must confirm its are in know perfectly well rush-planting, grab the Construction Bank to cause state-private property loss to meet, these need union to violate build opportunity, motive to consider integratedly.
02
Whether is compensation main body immersed in a mistake because of the false behavior of the accused person to recognize the compensation of hand-in-hand travel mistake.
Mention in front for example (2015) the word at the beginning of outskirt punishment 245, the court thinks estate company tears open change speed to accelerate and indulge is examined, 2 imitated collective land that because the accused person is offerred,cannot define its use card and pay more compensation, what cannot check detinue of existence of person of solid the accused is intended, reason cannot qualitative for crime of fraud, and the behavior that forges false papers to its only undertakes condemnatory.
Return article head case, although person A passes the accused to the measure that gets census register breaks the law or be put in false behavior,we think, but department of its census register is real, win compensation accordingly, because be in by A,compensation main body is not get census register the process cheats behavior mediumly and the fault pays compensation. Be in as to A in getting census register course malfeasant should evaluate separately.
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