I was watched by the Internet police during the live broadcast of law popularization?
Chapter 329 Whether it constitutes a crime depends on the age of the other party.
Chapter 329 Whether it constitutes a crime depends on the age of the other party...
This netizen’s story is interesting:
He has a friend named B who works in a bank and they have known each other for several years.
He used to help others maintain credit cards, and he probably had dozens of credit cards in his hand.
He said that one day, his good friend B came to him and asked to borrow his credit card to use.
Because the other party was the lobby manager of a certain bank, and they had known each other for a long time, he lent his credit card to B without much thought.
“I thought he borrowed the credit card for formal purposes, but who knew he was laundering money for others.
I really can’t figure out why he would do such a thing since he is not short of money and even opened a foot washing shop in our place. "
When he mentioned his righteous friend B, he became a little angry.
What happens next is relatively simple.
That person B used the credit cards he gave him to make off with the fraudulent money, which was frozen by the law enforcement agency, and Uncle Hat also came to his door based on the address of the bank card...
"I went to go play with C and brought two buckets of instant noodles. Unexpectedly, I was immediately arrested by Uncle Hat."
Mr. C, who is also his good friend, has a credit card that he keeps in the hands of this netizen...
"I'm a little confused. I have chat records that can prove that I was not aware of it, and there was no benefit. How come Uncle Hat is assuming that he was aware of it?"
In fact, this netizen is not short of money. He owns two physical stores and drives a BMW. He can be considered a successful person.
In his words:
I am the owner of two shops, I drive a BMW, and I have a savings of 1.8 million. Can I commit a crime for a few thousand dollars?
"If you feel that there is something wrong with the court's judgment against you, you can find a lawyer to appeal."
After listening to his story, Li Chen took a sip of tea before answering his questions.
"If I appeal, will my sentence be changed to a real sentence?"
"possible."
Li Chen nodded after hearing this: "Because there are many abnormal behaviors in your behavior.
As a person who raises cards on behalf of others, you have failed to fulfill your responsibilities and obligations.
When someone hands over a credit card to you, but you lend it to someone else, it's your fault.
Based on your behavior, they can change your sentence to the crime of obstructing credit card management.
According to Article 177-1, Paragraph , of my country's Criminal Law, "illegal possession of other people's credit cards in large quantities" constitutes the crime of obstructing credit card management.
When you were arrested, did Uncle Hat ask you to take out all the credit cards in your hand? "
"Have."
Hearing this, the male netizen said: "Those credit cards are all at my house. They followed me to my house. After I took out all the credit cards, they took photos, including two POS machines."
"That's right."
After hearing what he said, Li Chen continued: "According to the criminal law, those who illegally hold other people's credit cards, and the total number exceeds five, can be prosecuted.
Anyone who interferes with credit card management shall initially be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or 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. In addition, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed.
Your reasons for keeping and lending them will not work with law enforcement agencies.
For now, only immediate family members qualify as loan recipients who are objectively unknown.
For example, if there is a loan between a husband and wife or a father and son, if there is a problem with the loan in other relationships, the loan will bear corresponding criminal liability.
Second point, you said that you warned the other party in the 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 proves that you were not aware of it, but from the point of view of others, especially the law enforcement agencies, you just have three hundred taels of silver here.
If you find that something is wrong with him, why don't you ask the other party for the credit cards you lent him? Since you have a hunch that the other party is doing something bad, why don't you call the police?
These are obvious questions for you personally, and once you decide to appeal, be prepared to answer them for law enforcement. "
"Okay, I get it now."
After listening to Li Chen's answer, male netizens were also ready to give up their struggle.
He was given a seven-month suspended sentence by the trial court and will be released soon. There is no need to keep struggling...
"No, buddy, what do you think, you actually lent someone else's credit card to a third party?"
"Okay, okay, let's do this, right? I asked you to raise the card, so you can raise it to death in one step, right?"
"Lawyer Li is right. Some relatives really can't be trusted. A while ago, my cousin took my bank card and said he wanted the company to pay my salary. I didn't doubt him. As a result, he and I were both arrested. !
My cousin has been admitted for a year and a half, and I am on probation for seven months. I am wondering whether I should take care of my cousin's sister-in-law 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 be trusted..."
Netizens started discussing again.
Some relatives are really quite speechless.
Li Chen did not continue the discussion on this topic.
Whether it's a relative or an immediate family member, it still depends on them individually.
Some relatives are very nice and get along quite harmoniously with each other, but some are different and tend to be incompatible with each other.
The person who was whispering and making fun of others outside became angry as soon as he got home.
Couples, children, friends, relatives...
There are.
The live broadcast lasted for more than two hours, and Li Chen answered every question from netizens in the live broadcast room very seriously.
Some asked for help letters, some asked about divorce lawsuits, and some asked about labor disputes.
The most outrageous thing is this case.
A male netizen got acquainted with an online anchor online, and he managed to get the female blogger's Weixin letter after using gifts, and successfully won her over.
The way the two get along is more like an exchange of body and money.
Perhaps because of the influence of the previous engagement case, this male netizen added the word pc when chatting with the other party.
Things turned out just as he feared, the female blogger really wanted to accuse him of rape.
Because of this, he even asked Li Chen whether his behavior could constitute rape.
Li Chen’s reply was simple:
Look at age.
If the other party is an adult, it won't be a big problem, and your behavior will most likely not constitute a crime of PC.
Because the place where they met was not a special place, and the female blogger was not the kind of person who sticks to her point in the market...
Is it a PC crime to chat with a female anchor in private?
It shouldn't be possible.
Unless you know the other person's identity is a chicken.
But if the other party is underage, it will be very punishable.
A complete crime of rape!
(End of this chapter)
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