I understand that similar cases have been identified as fraud by the court before, but the specific situation is still different from the current dating software such as strangers, and the alleged charges are different. In other cases, the suspects choose young and beautiful women as "anchors" as "facades", and then other assistants pretend to be "anchors" through the Internet, chat and contact with the victims through social software, and further communicate through making friends and falling in love, so as to induce the victims to enter the live broadcast room to watch the anchors. The victim is ignorant and gives his feelings step by step under the deception of criminals. In order to consolidate the "love relationship", win Xu's goodwill, and constantly invest in "rewarding". In the end, the victim not only suffered economic losses, but also was cheated emotionally, which affected his normal life.
In the criminal trial, referring to the judgment reasons of the fraud case No.591,the author points out four elements of the crime of fraud: "the perpetrator commits fraud-the victim has a wrong understanding-the victim delivers (disposes of) the property based on the wrong understanding-and the victim suffers property losses". On the basis of the above authoritative cases, we can clearly identify several basic points of the crime of fraud: 1, the purpose of illegal possession; 2. Take the means of fabricating facts and concealing the truth; 3. The victim has a wrong understanding; 4. The victim disposes of property based on misunderstanding.
In this case, the so-called victim's punishment behavior is to recharge consumption on the chat platform. This chat platform itself is a dating software, not to say that the platform carries the function of introducing love and marriage. Their users just chat and make friends, killing time. Even though a few people may have fictional situations in this process, it cannot be inferred that all actions of the platform and all anchors are fraud. This is undeniable. The core of the purpose of the crime of illegal possession of criminal fraud by the Supreme Court is to "occupy the other party's property without consideration or at a very low price". After paying, such social platforms can chat with users, and the software has the function of use. If the software can't be used normally after the user recharges, or if the software company doesn't provide any service just for the user to recharge, then these behaviors may be suspected of fraud.
At present, Article 266 of China's Criminal Law stipulates that 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 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.
The Interpretation on the Specific Application of Legal Issues in Handling Criminal Cases of Fraud is the standard for determining the amount of fraud.
Article 1 Whoever swindles public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" or "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
At present, cases of social software suspected of fraud, such as Momo and the most beautiful encounter, have recently been cracked in various places. At present, we know that Yaohai District, Maanshan City and Chaohu City in Hefei City are all under investigation, and we also remind similar platforms to operate legally and not to take any chances.