1. Case: The woman was "cheated" by Mingbi! Wu Cuihua (pseudonym), 18 years old, served food at a restaurant in Wenzhou, Zhejiang Province. She was beautiful, so she was tricked by others. Liu, a 44-year-old man, took the initiative to contact Wu Cuihua and revealed to him that he was a "rich man" worth tens of millions. The toilet at home has a gold rim. After several contacts, Liu saw that Wu Cuihua was attracted and made it clear that he would support Wu Cuihua at a price of 50,000 yuan per month.
This Wu Cuihua is also greedy for money, and she actually agreed to Liu. As agreed, Liu arrived at Wu Cuihua's rental house on time and handed over a stack of money in a plastic bag. I don’t know if it’s because it’s getting dark or because I’m impatient. Wu Cuihua did not check the money at that time and took off her clothes in a hurry. After sending the "rich man" away, Wu Cuihua happily opened the plastic bag and planned to count the money for fun. Unexpectedly, the bag was full of Ming coins. Wu Cuihua was dumbfounded and wanted to cry.
2. According to the facts of the case: Liu does not constitute a crime! After the matter was announced online, there were various discussions. Some said that the court would prosecute Liu, and some said that the police would catch the liar. The author just wants to say, swallow the bitter water in your stomach and don't bother. The more you struggle, the more embarrassing it gets.
1. The court will not support Wu Cuihua’s recovery of “emotional” debts!
On the surface, there seems to be a contractual relationship between Liu and Wu Cuihua. Payment is made by Liu and services are provided by Wu Cuihua. According to the agreement between the two parties, Wu Cuihua performed his contractual obligations, but Liu did not actually pay the amount, which was a breach of contract. Cuihua sued the court to make Liu bear the liability for breach of contract and mental losses? No, because civil acts that violate public order and good customs are not protected by law. According to the agreement between the two parties, Liu paying for Wu Cuihua must be against moral norms and good customs.
Article 153 of the Civil Code? Civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, mandatory provisions do not invalidate civil legal acts except those.
Civil legal actions that violate public order and good customs are invalid.
2. Can Liu be sued for fraud?
Many netizens believe that Liu fabricated facts and used the "body" obtained through Mingbi to make false statements, which fully meets the elements of the crime of fraud. According to our country's laws, the crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. According to legal provisions, the object of the crime of fraud is property ownership, that is to say, it is money or things that are defrauded. "Identity" cannot be the object of the crime of fraud, including defrauding the lover's boy, nor can it constitute a crime of fraud under criminal law.
Article 266 of the Criminal Law? Whoever commits the crime of fraud to defraud public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and may also 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 and not more than 10 years, and shall also be fined If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, such provisions shall prevail.
3. Can Liu be sued for rape?
According to the criminal law, the crime of rape refers to the act of forcing a woman to have sexual relations with her by violence, coercion or other means against her will. If he doesn't pay back the money, he will be sent to jail for cheating. This is also Japanese! But in this case, Liu obviously did not have sexual relations against Wu Cuihua's will, nor did she enforce it. At most it can only be considered "cheating", not rape. Regarding whether cheating constitutes the crime of rape, the Supreme People's Procuratorate, Municipal Public Security Department and the Supreme People's Court's "Answers to Several Issues Concerning the Specific Application of Laws in Handling Rape Cases" clearly stated that if the perpetrator uses his power to induce the client or the woman to have a sexual relationship with him that exceeds mutual benefit, It does not constitute rape.
Article 236 of the Criminal Law? Anyone who rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
4. Does Liu’s use of Ming coins to pass off as RMB constitute a crime?
The crime of holding and using counterfeit currency refers to the act of violating currency management regulations by knowing that the currency is counterfeit and holding and using a large amount of currency. The object of the crime of holding and using counterfeit currency is counterfeit RMB and foreign currency, that is, counterfeiting. According to the color, pattern, layout, size, pattern, paper and other characteristics of RMB and foreign currencies, counterfeit coins are made into genuine coins with the purpose of entering the market for circulation.
In this case, Liu did not use counterfeit RMB, but Ming coins, which is very different. Ming coins were not for circulation, but for sacrifice. Therefore, Liu is not guilty of possessing or using counterfeit currency.
3. What should you do if you are cheated on in love? Being deceived during the safekeeping process, I can only swallow the bitter water in my stomach. If you were cheated on during the relationship, that's a different matter. In 2014, the Shanghai Court made the first "right to chastity" compensation case, and the key points of this case can be used as reference. In this case, Jiang deliberately concealed the fact that he was married, dated Ms. Peng as an unmarried young man, and repeatedly induced Ms. Peng to have sexual relations. Afterwards, Ms. Peng discovered that Jiang was married and had no intention of divorce. She took Jiang to the court, demanding an apology and compensation of 500,000 yuan for mental damages. After review by the court, it was determined that Jiang had violated Peng's right to chastity. Ms. Peng claimed that the mental damage consolation payment was too high, and it was determined to be 30,000 yuan as appropriate. Although the money is small, it is still a statement.
The court supported the victim woman’s claim, mainly for the behavior of making friends for the purpose of marriage, but it was difficult for the court to support the deceptive behavior in the general process of making friends. This is mainly because our country's laws do not clearly stipulate the right to chastity, and it only remains in theoretical articles by experts and scholars, which is difficult to use as a basis for judging cases. The Shanghai court's support for the right to chastity is just an ice-breaker and an exploratory attempt. If a female friend is harmed in this way, you can try to sue for this reason.
Written at the end: At the end of the article, let us return to the case of Wu Cuihua being deceived. From a legal perspective, it would be difficult to get justice for her. We just want to tell Wu Cuihua that brain is a good thing, don’t forget to take it with you when you go out!