Reading tips, special mahjong tiles and dice, looking at opponents' cards with "contact lenses" and controlling the number of dice with remote control dice ... these scenes seen in the Hong Kong movie "The King of Gambling" were also staged in Luoyang. A few days ago, the Yichuan County People's Court tried a fraud case using high-tech gambling tools, and all four gangs involved were sentenced to punishment for fraud.
uneven
The banker won, and the "professional gambler" met the "gambling king"
One day in the middle of 20 12 and 12, Jin, Li and Hong were playing in Yichuan County. In the meantime, Li told Kim that he knew a rich man, Wang, who couldn't play cards, and could ask him to play cards together to ensure that he could win money. This proposal was quickly agreed by the "gambling veteran" Jin, but he never imagined that this was a set for him by Li: on the surface, Li and he agreed to "work together against the enemy", but in fact, the other three talents are real "allies" and he is a lamb to be slaughtered.
On February 23, 20 12, 12, Wang opened a room in Yichuan Hotel, and put the special mahjong tiles (the cakes in the mahjong tiles push Pai Jiu) on the table in advance. On the same day, Yue and Wei arrived at the hotel early, and Wang handed over the "contact lens" and remote control used by the liar to Yue. Later, I contacted Kim by phone and learned that he was coming. Yue quickly put on "contact lenses" and put the remote control in his trouser pocket.
A few minutes later, Li, Hong and Jin came to Wang's room. For Yue, Wang explained to the three men that he was his driver. Subsequently, Wang, Li, Hong and Jin started gambling, and Yue was "watching". Wang is the banker. Yue wears contact lenses to see the number of cards when gambling, and uses the remote control to control the dice to send the big cards to the king. In this way, in just one hour, Wang won 20600 yuan and Jin lost 20600 yuan. After gambling, Yue got 600 yuan's "labor fee".
201365438+1October 2 1, Wang, Miao and Yue used similar methods to make Jin lose 10000 yuan.
Caught
Show the clues and the fraud gang is caught.
King always thinks that his "failure" is bad luck. In order to win back the lost game, on October 26th, 2013,65438/kloc-0, Kim "contracted" Wang and others again. This time Wang's friends are Miao and Zhang, and Dong is the one who operates the remote control. On the same day, Kim was still unlucky and soon lost 5000 yuan.
In the meantime, Kim inadvertently noticed that Dong's hand kept moving in his pants pocket, and Wang's dice always played "8", so he thought that as long as the number of dice was "8", Wang's card would win. So, Kim suspected that there was a ghost, so he called two guys on the grounds of asking friends to send money. After Jin's two buddies arrived at the hotel, they tried the dice with magnets and found that the dice would suck up, so they called the police quickly. After that, the police took out a black remote control from Dong. When the remote control is pressed, the dice on the mahjong table will move by themselves.
Subsequently, Wang, Miao, Dong, Jin, Yue, Zhang and others were detained and fined for gambling, and gambling funds and gambling tools were confiscated. 20 13 10, Yichuan county procuratorate prosecuted Wang, Miao, Yue and Dong on the grounds that they were suspected of fraud. Recently, in accordance with the relevant provisions of the Criminal Law, the Yichuan County People's Court made a first-instance judgment against Wang and others for committing fraud, and sentenced Wang and others to fixed-term imprisonment ranging from 8 months to 2 years and 6 months, and fined 7,000 yuan to 50,000 yuan.
As a reminder, gambling can easily lead to criminal offences, and gambling above 30 yuan is illegal.
Is the behavior of Wang and others a crime of fraud or gambling? The presiding judge of this case explained that although both crimes have elements of deception, "gambling crime" emphasizes gathering people to gamble or gambling as a profession for the purpose of profit, while "fraud crime" emphasizes the act of defrauding a large number of public and private property by fictional facts or concealing the truth.
Wang and others lured Kim, the victim, to participate in gambling, and "won" the other party's property by using contact lenses and remote-controlled dice that can see through the number of cards, which is in line with the constitutive elements of the crime of fraud "fabricating facts or concealing the truth to defraud others' property" and is considered to be more appropriate.
The presiding judge told reporters that gambling itself is an illegal act. According to article 12 of the Regulations on Prohibition of Gambling in Henan Province, gambling within 30 yuan is enough for administrative punishment; For the purpose of making profits, gathering people to gamble or gambling as a profession will constitute a gambling crime. At the same time, cheating is not uncommon in many casinos. Gambling should be resisted consciously.
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