Facts: A was destitute and deposited 10,000 yuan of counterfeit money into his account through A's machine. Later, A immediately changed to a Tm machine and took out 5,000 yuan of genuine money from his account (which originally had no balance).
Q: How should A's behavior be characterized?
Analysis] 1Difference Between Absorbent and Accomplice:
Absorptive: There is a 100% relationship between one criminal act and another criminal act, and it is unavoidable, so that one act is "absorbed" by another act, and only one person is convicted. (e.g., in burglary, the act of robbery absorbs trespass into the dwelling.) Where a firearm is illegally manufactured and then possessed, because the illegal possession of a firearm is a natural consequence of the perpetrator's illegal manufacture of a firearm, and is absorbed by the illegal manufacture of a firearm. [Absorption offenders are divided into three types according to the relationship between the acts: necessary stages, components, and natural results. In very special cases, the third type of behavior is not 100% related
Accomplice: There is a relationship between several acts, but it is not 100% of the time. There are two kinds of relationships between acts: means and ends or causes and effects, and the requirements between acts often occur. In general, the punishment for an implicated offense is a felony, but in special circumstances the punishment for several crimes is combined.
2.In this case, A's act of storing counterfeit money in ATMs constituted the crime of using counterfeit money. The act of withdrawing money from another ATM is guilty of theft. A deposits counterfeit money for the purpose of withdrawing genuine money, but this relationship is not ordinary and should not be found to be an implicated offender, let alone an absorbing offender. A shall be punished for several crimes.
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