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发表于 2014-11-14 03:12:40 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
(Reporter correspondent Deng Hui? Li,woolrich online shop,http://www.ejia7.com/home.php?mod=space&uid=61516, criminal b) to facilitate the use of their work, the phone good number of others transfer to their own name, will sell these numbers more than 70,000 yuan profit. Yesterday, the reporter learned that, Wuhan City Intermediate People's Court made the final decision to theft criminals sentenced to 6 years imprisonment Zhang and fined 15,000 yuan, and recover the stolen money and illegally acquired 73,500 yuan. It is understood that the case is the first case of stealing other people in Hubei and the phone number of cases sold.
Liang stealing and selling customer profitability 70000
Zhang, Wuhan person,http://wenxiucn.com/old/home.php?mod=space&uid=79754, 27 years old, junior middle school education, before the incident for a temporary operating room, in December 1999 but had trouble in the crime, was sentenced to 2 years.
Court found, in early July 2007, Zhang recruited to the operating room staff to do the internship (ie temporary), is responsible for the reception business acceptance, may apply for transfer, access and other services, in early August the same year, Zhang use allocation The job number and password to enter the computer system,http://www.dujiaclub.com/forum.php?mod=viewthread&tid=300632, query mobile number information on the charging system, check to 13,995,555 *** *** 13995588, 13995599 *** This three numbers of the owner are Kim, each number are 7994 yuan bill and there is no use for a long time, but can not find the number of document numbers.
Zhang took advantage of 10,086 inquiries to the owner Kim's identification number. After Zhang with their photos handled named Hu Cong fake driver's license. In the same year on August 10th,ciondolo chiave tiffany,http://onigdesign.com/error.html, the 11th, Zhang Li and colleagues Zoumou use employee ID and password to access the computer system, customers will be Kim's three mobile numbers transfer to the "Hu Cong" name, and go up card procedures .
August 13, 2007, Zhang Hu Cong pretended to be the mobile number 13995555 *** and memory charges 7,994 yuan to 34,000 yuan sold Ryu, August 16,collana tiffany prezzo, 2007 in the same way,http://www.importia.com/index.php/forum/newtopic,woolrich bologna spaccio indirizzo, the mobile number *** 13995599, 13995588 *** and memory calls 7994 yuan to 39,500 yuan sold to Ryu. Ryu said three numbers to 120,000 yuan sold to Wang. August 16, Zhang, Liu, Wang tripartite business hall in the center of the company's three numbers will transfer to Wang's name. Zhang received stolen money has been squandered. After the incident, the public security organs Zhang arrest.
Theft trial for six years finally finds
Wuhan? Mouth District People's Court held that Zhang's behavior constituted theft and fraud, respectively,chaussures air max pas cher, should its implementation graft,woolrich store milano, decided to perform a total of 9 years and 6 months imprisonment.
? After the verdict,woolrich shop online, mouth District People's Procuratorate to lodge a protest: that the Court of First Instance finds that Zhang constitute a theft conviction errors, leading to abnormal weight sentencing. Zhang put his position to take advantage of the behavior of the three numbers transfer shall constitute embezzlement; take fictional facts and conceal the truth will sell three numbers is fraud, you should choose one felony penalties for fraud conviction and sentencing.
The second instance, the Wuhan City People's Procuratorate Zhang's behavior should be considered as theft,giacche woolrich outlet, theft in the amount of 23,woolrich spaccio cadriano,900 yuan.
Wuhan City Intermediate People's Court believes that Zhang illegal possession for the purpose of secret phone numbers and calls others to steal 23,982 yuan, a huge amount, his behavior constituted theft. Phone number theft trial defendant Zhang Department of illicit proceeds derived from the sale, according to the law should be recovered. The trial facts are clear, the evidence is reliable and sufficient, legal proceedings, but Zhang's conviction for improper, the second trial to be corrected. Wuhan City Intermediate People's Court, Zhang guilty of theft, sentenced to six years imprisonment and fined 15,000 yuan, 73,http://liuhuafang.com/activity/p/257470/,500 yuan of illicit money and ill-gotten gains, to be recovered.
Focus 1
Why identify theft and not embezzlement?
After the first trial,woolrich spaccio milano,? Mouth District People's Procuratorate to lodge a protest that the first instance court found Zhang constitutes theft belong qualitative error. The second trial, the Wuhan City Procuratorate that? Protested grounds of improper mouth District People's Procuratorate, Zhang's behavior should be considered as theft, theft in the amount of 23,982 yuan.
The investigation, Zhang was recruited to? After VTech Communications equipment operators mouth area, placed in a operating room staff to do the internship (ie temporary), whose responsibility is to handle the transfer, access and other services, but Kim's three phone number identification number is 10086 Zhang utilize staff working negligence acquisition. Therefore,http://jx.jg.com.cn/home.php?mod=space&uid=5555549&do=blog&quickforward=1&id=37552, Zhang possession of a number and stored calls three gold, not completely taking advantage of his position, but mainly to facilitate use of the work,abbigliamento moncler uomo, take the means of obtaining secret theft, and its actions are consistent with theft constitutes feature,giacconi woolrich uomo, the first trial conviction is correct. It? Mouth District People's Procuratorate Zhang believes the protest grounds the trial the defendant's conduct constituted embezzlement can not be established.
Focus 2
Why steal the amount identified as 23,982 yuan?
Since the phone number is an electronic code, in accordance with the relevant provisions of the State itself has no value. However, transactions in the market, which have market demand, to achieve its economic value, because the value of the transaction due to market uncertainty, in principle in favor of the defendant, after Zhang made the number sold to others to obtain money The amount should not be identified as the amount of crime of theft. Therefore, the Wuhan Municipal People's Procuratorate that Zhang's behavior should be set for theft,http://www.xxooo.org/forum.php?mod=viewthread&tid=242025, theft in the amount of 23,982 yuan stored calls the grounds of the establishment.
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