诈骗罪

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承诺斡旋并收钱但未实施斡旋是否为受贿既遂
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-07-16 00:30
Core Viewpoint - The article discusses the legal classification of a case involving a public official, highlighting the distinction between bribery and fraud in the context of influence peddling [1][2][3]. Group 1: Case Overview - The case involves a public official (甲) who accepted 1 million yuan from a private entrepreneur (乙) in exchange for a promise to influence another official (丙) to assist乙 in avoiding criminal charges [1][2]. - There are three differing opinions on how to classify 甲's actions: as fraud, as attempted bribery, or as completed bribery [2][3]. Group 2: Legal Framework - According to Article 388 of the Criminal Law, public officials who use their position to obtain improper benefits for others and accept money can be charged with bribery, specifically influence peddling [2][5]. - Influence peddling is not a separate crime but a form of bribery that protects the integrity of public officials' duties [2][4]. Group 3: Analysis of Actions - 甲's actions meet the criteria for using his position to provide improper benefits, as he had the potential to influence丙 due to their relationship [3][5]. - The payment of 1 million yuan was based on 乙's trust in 甲's influence, indicating a direct relationship between the payment and 甲's position [6]. Group 4: Conclusion - The article concludes that 甲's acceptance of the payment, despite not having communicated with丙, constitutes completed influence peddling, as the act of accepting the money itself indicates a breach of duty [6].
“薅羊毛”竟涉犯罪?沪上首例政府消费券补贴诈骗案宣判
证券时报· 2025-05-29 14:04
Core Viewpoint - The article discusses the first case of government consumption voucher subsidy fraud in Shanghai, highlighting the fraudulent activities of an individual who exploited the system to illegally obtain government subsidies totaling over 130,000 yuan [1][6]. Summary by Sections Fraud Case Details - The defendant, Xia, fabricated in-store consumption orders to fraudulently claim government subsidies, resulting in a conviction for fraud with a sentence of three years in prison, suspended for three years, along with a fine [1][6]. - Xia, as the legal representative of a restaurant management company, discovered that some lottery winners were selling the "Le Pin Shanghai" consumption vouchers online for 50-80 yuan, prompting him to purchase these vouchers and create fictitious transactions to redeem them [4][5][6]. Government Consumption Voucher Program - In 2024, the Shanghai government launched the "Le Pin Shanghai" dining consumption voucher program, which allowed consumers to receive discounts such as 300 yuan off a 1,000 yuan purchase through a lottery system [4]. - The program aimed to stimulate consumption and support the economy, but it was undermined by fraudulent activities that violated the rules of the subsidy program [4][6]. Legal Implications of Fraudulent Activities - The court emphasized that the fraudulent actions not only harmed legitimate consumers but also severely impacted the effectiveness of government policies designed to promote economic activity [6]. - The article outlines the legal boundaries of "crawling wool," indicating that actions taken with the intent to illegally acquire government subsidies can constitute fraud under Chinese law [8][9]. - It warns that using illegal methods to obtain vouchers or engaging in fraudulent transactions can lead to severe legal consequences, including potential criminal charges [9].