How can a professional card holder be sentenced if he encounters "black eating black"

Article 266 Whoever defrauds public or private property in a relatively large amount 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 there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;

If the amount is especially huge or 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 confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Rule number one Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Rule three. Fraud of public or private property reaches the standard of "large amount" as stipulated in Article 1 of this Interpretation, but under any of the following circumstances, if the perpetrator pleads guilty or repents, he may not be prosecuted or be exempted from criminal punishment in accordance with the provisions of Article 37 of the Criminal Law and Article 142 of the Criminal Procedure Law:

Having a statutory lenient punishment;

(2) Before the verdict is pronounced in the first instance, all the stolen money and compensation money have been returned;

(three) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(4) the victim understands;

(5) Other circumstances are minor and harmless.

Extended data

Case:

On 20 14 10 17, Huang Zhijun found Cui, a professional card keeper, online. He called Cui and introduced himself to the construction industry. Due to the cash flow problem, Cui was asked to repay the credit card loan of 20,000 yuan, and promised to pay 300 yuan a handling fee.

In order to make Cui believe in himself, he said, "If this repayment goes well, how about you help me' raise my card' every month?" Cui agreed, and agreed to meet and trade with.

In the afternoon, the two met as promised. Cui was given a credit card with his name, password and telephone number, as well as 300 yuan handling fee. In order to verify whether the credit card is valid, Cui Xian transferred 7000 yuan. After confirming the account, Cui immediately brushed back 7000 yuan through the POS machine.

After successfully brushing back the money, Cui Xiang transferred 1 ten thousand yuan. Before long, Huang Zhijun's mobile phone indicated that the repayment was successful. When Cui tried to transfer the transferred funds back, he stopped him and "kindly" reminded: "Don't transfer the money back immediately, otherwise it will be easily discovered by the bank." Cui, who has just been engaged in the business of "raising cards with cards" for a short time, felt that it made sense and did not immediately transfer 6,543,800 yuan.

Later, I received a phone call and lied to Cui that a friend came to see him, left for a while and came back immediately. Cui is waiting to come back. After leaving, Cui transferred 1 ten thousand yuan to his credit card.

Huang Zhijun, who left the scene, immediately called the bank to change the credit card password after receiving the message of successful repayment of 20,000 yuan. Then, Huang Zhijun reported the loss of his credit card and reissued a new one. In this way, Huang Zhijun himself left twenty thousand dollars.

Cui, who was still waiting in the same place, thought that he could almost transfer the funds back, but found that the credit card could not be used, and kept prompting the password error. Cui called to ask, and the other party said it couldn't be wrong, and promised to come back immediately. After waiting for a long time, Huang Zhijun didn't come back. When Cui called again, he found that the other party was turned off. At this point, Cui realized that he was cheated and called the police for help.

The French Open was restored and finally captured.

On February 6, 20 17, Huang Zhijun was captured by the public security organs. After investigation, Huang Zhijun also used similar means to defraud others of 2 1 10,000 yuan in cash.

According to the prosecutor, the essence of credit card repayment is like illegal cashing, which is very risky. The prosecutor reminded everyone that criminals are using people's psychology of making small money to commit fraud. Everyone should keep their eyes open, and don't fall into the trap carefully designed by others because they are greedy for small profits. In the end, it was not worth the loss.

References:

Public Network-Qingdao Huangdao: Liars are eyeing "professional cardholders" to defraud 40,000.

References:

The National People's Congress of the People's Republic of China and China Criminal Law

References:

The Supreme People's Court-Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Handling Fraud Cases