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Legal Opinion
1. You can directly check with the lawyer whether to file a case for prosecution and why.
2. Check carefully. Sometimes the good ones will be entrusted by the parties to issue legal personnel letters and reminder letters to the debtors or persons responsible for torts. Such notices and letters can be written or electronic. , text messages are electronic letters, so they may be notification text messages sent by legal personnel. You can check the nature and nature of the text message by contacting the sender. If not, it is recommended to report the other party to the police for fraud.
Legal Basis
Article 266: Whoever commits the crime of fraud by defrauding 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 public surveillance, and shall be fined concurrently or solely. If the amount of the fine 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 of the fine is extremely huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or his property shall be confiscated. . If this law provides otherwise, the provisions shall prevail.
The appellant Z was dissatisfied with the Shanghai Intellectual Property Court (2019) Shanghai 73 Notice due to a patent ownership dispute with the appellee Shanghai Anqing Medical Equipment Co., Ltd. (hereinafter referred to as Anqing Company). Civil Ruling No. 222 of the First Republic of China, appeal to this court.
Z appealed, claiming that the original ruling should be revoked and the case transferred to the Xiamen Intermediate People's Court of Fujian Province for trial. Facts and reasons: The original ruling identified Shanghai as the habitual residence of Z, but the Community Service Center of Niumasi Mining Area, Shaodong County, Hunan Province (signed: Shaodong County Niumasi Coal Mine Village Neighborhood Committee) was established on May 13, 2019. Zhang's "Certificate" records that "Ms. S and Mr. Z, a couple, have lived in Shaodong County, Hunan Province since October 2018", indicating that Z had not continuously lived in Shanghai until the time of prosecution in this case. For more than one year, the evidence provided by Anqing Company cannot prove that Shanghai is Z’s habitual residence. The patent ownership dispute concerning Z should be transferred to the Xiamen Intermediate People’s Court of Fujian Province for trial.
Anqing Company argued that, first, Article 6 of the "Shanghai Residence Permit Management Measures" stipulates that the "Shanghai Residence Permit" has "certificate that the holder of the residence permit resides in this city." Function, the "Certificate" issued by the Huamu Police Station of the Pudong Branch of the Shanghai Public Security Bureau can prove that Z's usual place of residence is Shanghai; secondly, the "Certificate" submitted by Z, the stamping unit is inconsistent with the signing unit, so it cannot Confirm the authenticity and legality of the evidence; thirdly, the service address of the complaint in this case is Z’s residence in Shanghai. Z successfully received the materials and entrusted legal personnel in Shanghai to represent the case and try it in the original court. It is also more convenient for Z.