The story in the city of Nanjing is really a bit bizarre to tell. There was such a little girl, at a young age, but she secretly wrote down the password of the safe, and then took away all the precious jewelry in the house.
This is really eye-catching, such a large family, no one notices.
She found an adult netizen and helped her sell all the jewelry.
This sale is 3.5 million!This is not a small amount, but the little girl took the money as if she was nothing, bought luxury cars and luxury goods lavishly, and stuffed 500,000 "benefit fees" into the netizen.
However, after all, this matter can't be contained in paper. It didn't take long for the matter to be exposed. The little girl's father tried a lot of effort to save the family's reputation. He first recovered the 400,000, and then sued the netizen in court.
Case review. Behind the prosperity of Nanjing, there lives an entrepreneur named Mr. Li. His home was like a mountain of wealth, including precious jewels. The jewelry, which Mr. Li had intended to be used as an investment, was safely locked in a safe at home. However, he could never have imagined that his baby daughter Dandan (pseudonym), a young girl in high school, would steal the password of the safe and sweep away all the jewels when no one was at home.
Dandan, a little girl, thought in her heart that it would not be easy for such a little girl to sell all these jewels. So, she had an idea and found an adult friend named Chen on the Internet to help her with this.
Chen, a young man, was tempted as soon as he saw this lucrative opportunity. He helped Xiao Wang sell all these jewels, and easily got 3.5 million yuan. In order to express his gratitude, Dandan also gave him a benefit fee of 500,000 yuan.
But ah, Dandan, this little girl, has this sudden wealth, but she is not using it wisely. She plunged headlong into the 4S store, bought a Mai**, and bought a bunch of expensive clothes in a luxury store. So much money was spent by her like this.
When Mr. Li discovered the truth, his heart felt like a stone had been struck hard. He looked at the jewels, which had been his treasures, but had now become the source of family turmoil. Taking into account his daughter's future and the reputation of his family, he did not call the police, but decided to deal with the mess himself.
He approached the merchants and negotiated with them about refunds. His tone was firm, but his heart was full of helplessness. Luckily, those merchants all promised refunds, which allowed Mr. Li to recover some of his losses.
However, Chen's attitude is staggering. He was only willing to return 100,000, and for the remaining 400,000, he quibbled that it was given voluntarily by Dandan and did not need to be returned. When Mr. Li heard the news, he was furious. His heart was filled with anger and disappointment.
In the end, Mr. Li took Chen to court. He hoped that the court would hear the case fairly and that justice would be given to him.
Case Study. In this case, Dandan's behavior is really eye-catching. She actually secretly moved the jewelry from the house and found someone to sell it. It's really confusing, I don't know what she thinks.
According to article 1, paragraph 4 of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases", stealing one's own property or the property of a close relative may generally not be handled as a crime. In other words, although Xiao Wang did stealing, because it was his own family who stole it, he did not have to bear criminal responsibility. It's really laughable.
Then there are the valuables that Xiao Wang bought in the 4S store and other stores. Article 19 of the Civil Code stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legal ** person ** or with the consent and retrospective recognition of their legal ** person;However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence. Xiao Wang bought a luxury car or something, without her father's consent, and the merchants agreed that it was legal and reasonable to return the car. Even if the merchant is unwilling to return, Mr. Li can still request a return through legal channels.
This case is really thought-provoking. Although Xiao Wang's behavior does not bear criminal responsibility, her behavior reflects the problem of family education and social atmosphere. A family should not only give their children wealth, but also teach them how to deal with wealth and responsibilities correctly. This incident has sounded the alarm bell for us, we have to think about how to educate our children.
As for the 500,000 "benefit fee", Mr. Li was so angry that he trembled. He felt that Chen's money was too unauthentic, so he sued him in court.
Let's take a look at what Article 663 of the Civil Code says, if the gift infringes on the legitimate rights and interests of others, then the gift can be revoked. Dandan's gift behavior is obviously an infringement of his father's property rights. As the donee, Chen has the obligation to return.
Besides, the money that Xiao Wang gave to Chen was her father's property. Chen has to pay back the money she gave away. The court finally supported Mr. Li and sentenced Chen to repay 400,000 yuan and be responsible for the costs of the case.
Note: This article is based on a real case.