百余名货车司机利用磅差倒卖货物 是“外快”还是犯罪?

Core Viewpoint - The case involving over a hundred truck drivers accused of stealing fertilizer from a single company has been ongoing for three years, with legal ambiguities surrounding the ownership of the sold goods and the definition of theft in this context [1][2][16]. Group 1: Case Background - The case began in May 2022 when several truck drivers were caught selling bags of fertilizer from their loads, leading to the arrest of over 130 drivers [4][3]. - Evidence against the drivers includes direct admissions of selling stolen goods, transaction records, and the capture of individuals selling the stolen fertilizer [1][4]. - The police initially identified a significant amount of theft, but the estimated value of the stolen goods has since decreased from tens of thousands to amounts below 30,000 yuan [1][9]. Group 2: Industry Practices - In the freight industry, it is common for sellers to provide extra goods to ensure buyers receive sufficient quantities, which the drivers have exploited by selling these "bonus" items [5][6]. - The practice of manipulating weight measurements using techniques to create discrepancies is widespread among truck drivers, with some drivers openly discussing these methods in industry groups [9][10]. - The drivers involved in the case argue that their actions are a common industry practice and do not constitute theft, as no party has suffered a loss [6][12]. Group 3: Legal Ambiguities - A central legal question is the ownership of the fertilizer sold by the drivers, with conflicting opinions on whether the goods belonged to the company or the buyers at the time of sale [16][17]. - Legal experts are divided on whether the drivers' actions constitute theft, with some arguing that the excess goods should be considered a loss accepted by the company, while others maintain that the company retains ownership [18][17]. - The ongoing legal proceedings have resulted in some drivers being convicted, while many others remain in limbo as the case continues to unfold [14][16].