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(Reporter correspondent Tu Deng Hui Li, torture ii) use to facilitate the work, the phone good number of others transfer to their own name, those numbers will sell 7 million yuan profit. Yesterday, reporters learned, Wuhan City Intermediate People's Court made the final decision to theft criminals sentenced Zhang to 6 years imprisonment and fined 15,000 yuan, and recover the stolen money and illegally acquired 73,500 yuan. It is understood that the case is the first case of theft of someone else's phone number in Hubei Province and the sale of the cases.
Stealing and selling customer Liang profit 70,000
Zhang, Wuhan man,abercrombie france,http://rolf-b.com/impression/diary.cgi, 27 years old, junior high school before the incident for a temporary operating room, in December 1999 but had trouble in the crime, was sentenced to 2 years.
The Court found that, in early July 2007, Zhang candidates to the operating room to do the interns (ie temporary), mainly responsible for front office to receive, can apply for transfer, access and other services, in early August the same year, Zhang use allocation The job number and password into the computer system,http://tsuigeki.biz, query the mobile number information in the toll system,http://www.xiangtuyou.com/home.php?mod=space&uid=25744, a query to 13,995,555 *** *** 13995588, 13995599 *** This three numbers of the owner are Kim, each number was 7994 yuan bill and there is no use for a long time, but can not find the number of identification number.
Zhang took advantage of 10086 queries to the owner, Kim's identification number. After Zhang handled their own photos named Hu Cong fake driver's license. In the same year on August 10, 11, Zhang Li and Zou use colleagues work number and password to access the computer system, customers will be Kim's three mobile number transfer to "Hu Cong" name, and for premium card Out .
August 13, 2007, Zhang pretended to Hu Cong, the mobile number 13995555 *** and memory calls 7994 yuan to 34,000 yuan sold to Liu, August 16, 2007 in the same way, the mobile number *** 13995599, 13995588 *** and memory calls 7994 yuan to 39,500 yuan sold to Liu. Ryu said three numbers to 120,000 yuan sold to Wang. August 16, Zhang, Liu, Wang tripartite central business offices in the company will transfer to number three Wang's name. Zhang received money has been squandered. After the incident, the public security organs will be arrested Zhang.
Final identification theft trial six years
Wuhan Port District People's Court held that Zhang's behavior constituted theft and fraud, respectively, should its implementation graft, decided to perform a total of 9 years and 6 months imprisonment.
After the verdict, Port District People's Procuratorate to lodge a protest: that the first instance court found that Zhang constitute a theft conviction error,hollister, leading to sentencing abnormal weight. Zhang put the position to take advantage of the transfer of the three numbers should constitute embezzlement behavior; take the fictional facts and conceal the truth will sell three numbers is fraud, should choose a felony, conviction and sentencing for fraud.
In the second instance,http://www.euruchess.org/cgi-bin/index.cgi, the Wuhan City People's Procuratorate Zhang's behavior should be considered as theft,http://www.bjqxtx.com/home.php?mod=space&uid=6795750, theft in the amount of 23,900 yuan.
Wuhan City Intermediate People's Court believes that Zhang illegal possession for the purpose of stealing confidential phone number and calls others 23,982 yuan, a huge amount, his behavior constituted theft. Phone number theft trial defendant Zhang income from selling unlawful income, according to the law should be recovered. Trial the facts are clear, the evidence is reliable, adequate, legal proceedings, but Zhang's conviction improper, the second instance to be corrected. Wuhan City Intermediate People's Court, Zhang guilty of theft, sentenced to 6 years imprisonment and fined 15,000 yuan,hogan interactive, 73,500 yuan of illicit money and ill-gotten gains, to be recovered.
Focus 1
Why not identify theft related crimes?
After the first trial, Port District People's Procuratorate to lodge a protest, that the first instance court found that Zhang constitutes theft belong to qualitative errors. In the second instance,hollister,http://www.ko-mens.tv/news/search.cgi, the Wuhan City Procuratorate that the protest grounds of improper Port District People's Procuratorate, Zhang's behavior should be considered as theft, theft in the amount of 23,982 yuan.
The investigation, Zhang was recruited to Qiaokou accessible after the communications equipment business, placed a business hall do interns (ie temporary), whose responsibility is to handle the transfer, access and other services, but Kim's three phone number identification number is 10086 Zhang utilize staff work negligence acquisition. Therefore,http://tuku.kelatu.com/bbs/home.php?mod=space&uid=124912,tn pas cher femme, Zhang possession of a three numbers stored calls and gold, is not completely taking advantage of his position, but mainly utilized to facilitate the work, take the means to steal secret acquired, its actions are consistent with the constitution of theft characteristics, of First Instance convicted correct. Port District People's Procuratorate so that the trial defendant Zhang's behavior constituted embezzlement protest grounds can not be established.
Focus 2
Why theft amount identified as 23,982 yuan?
Because the telephone number is an electronic code,http://events.ucr.edu/cgi-bin/display.cgi, in accordance with the relevant provisions of the State itself has no value. However, transactions in the market, which have market demand, to achieve its economic value, because the value of the transaction due to market uncertainty, in principle in favor of the defendant, after Zhang made the number sold to others to obtain money The amount should not be identified as the amount of crime theft. Therefore Wuhan Municipal People's Procuratorate Zhang's behavior should be considered as theft, theft in the amount of 23,982 yuan stored calls the grounds of the establishment. |
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發表於 2015-6-26 19:54:24
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