Because "theft" is an act of secretly or repeatedly stealing a large number of public and private property for the purpose of illegal possession.
And your husband's discussion about you does not meet the main points of "theft": 1, the amount is relatively large; 2, stealing many times.
In terms of sentence, this is a "felony" ... the initial sentence is more than three years and less than ten years, and the serious circumstances can even be death penalty and life imprisonment.
But that doesn't mean your husband is fine. He will also be accused of fraud. The penalties for this crime are as follows:
Whoever commits this crime in length 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;
2. 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;
3. 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.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases (1996 65438+February 16), individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".
Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) ringleaders of fraud groups or principals of major fraud crimes;
(2) The recidivist or fugitive commits serious crimes;
(3) defrauding a legal person, other organization or individual of the means of production urgently needed, which seriously affects production or causes other serious losses;
(4) defrauding disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials, thus causing serious consequences;
(5) Spending fraudulent property, which makes it impossible to return the fraudulent property;
(six) the use of fraudulent property for illegal and criminal activities;
(7) Having received criminal punishment for fraud;
(8) Causing the victim's death, mental disorder or other serious consequences;
(9) Other serious circumstances.
The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 yuan but less than 100,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of this Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article l52 of this Law.
For the crime of * * * accomplice fraud, the amount of the crime is determined by the amount of the actor's participation in * * * accomplice fraud, and the punishment is based on the actor's position, role and illegal income in the crime.
Fraud has been started, but the property cannot be obtained due to reasons other than the will of the actor, which is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law,
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and the social security situation, determine the "large amount" and "huge amount" of individual fraud and unit fraud in the region within the range of "2,000 to 4,000 yuan" and "30,000 to 50,000 yuan" respectively, investigate the criminal responsibility of the relevant personnel, and refer to the amount stipulated in Article 4 to determine the application of the original criminal law.
It is estimated that your husband is in the first case: L. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.
Why fraud? Because your husband's behavior of selling cars can be regarded as using fictional facts or concealing the truth to gain the trust of car buyers, so as to achieve the purpose of illegal possession of his property: my husband has a regular small car and bought it (sold) to a friend of his at the price of 1800 yuan. Later, I came up with a way to borrow the car. I'll get the keys. ...
Dreams are called dreams because they are to be pursued constantly.