[Case Playback].
In December 2020, Guan was arrested for stealing other people's property, and he met Zhen while he was detained in the detention center. After Guan's detention period expired, Zhen told Guan about his family's *** and entrusted Guan to help him contact his friends to purchase daily necessities. After that, Guan got in touch with Zhen's friend Wu at Zhen's request, and Guan often chatted with Wu. In July 2021, Wu was transferred to the judicial authorities on suspicion of committing a crime, and Wu told Guan about the situation, at this time, Guan defaulted on gambling debts, so he became greedy and lied that he could help Wu reduce his sentence, so as to defraud Wu of a total of 30,000 yuan. After trial, the court held that Guan's behavior constituted the crime of fraud, and the court sentenced Guan to one year in prison and a fine of 10,000 yuan.
[Lawyer on Law].
According to article 266 of the Criminal Law, "Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions. ”
In this case, Guan met Zhen's friend Wu during his detention, and Wu was later transferred to the judicial authorities on suspicion of committing a crime, and he informed Guan that he was worried about the sentence, so Guan, who owed gambling debts, became greedy and falsely claimed that he could help Wu with "internal operations" to reduce the sentence. Guan defrauded Wu of a total of 30,000 yuan of property on the pretext of helping to find a "relationship", so his conduct was for the purpose of illegal possession, fabricating the fact that "finding a relationship" to reduce Wu's sentence was made, and defrauding others of a relatively large amount of property, constituting the crime of fraud. However, after arriving at the case, he voluntarily confessed the facts of his crime and voluntarily pleaded guilty and accepted punishment, and he took the initiative to make restitution for the victim's losses and obtain the victim's forgiveness, so the court gave him a lighter punishment in accordance with law and made the above judgment.
[Lawyer reminds].
It is illegal to find a relationship" and "have a way" to help reduce the sentence, and some criminals use it as bait to commit fraud, so you need to keep your eyes open and be wary of fraud traps!