I haven't forgotten the "milk pouring incident" the other day. No, the idolization incident also went on a hot search. In Qidong, Jiangsu, a girl of 1 1 was cheated of an idol signature photo by 1 10000.
What happened: Xiao Yi 1 1 year old. One day, there was a news of "doing things" in the support group, and "true love fans" Xiao Yi quickly joined. The owner of this group said that there are two idols to sign, first come, first served. According to each other's request, Xiaoyi took her grandparents' mobile phones, made friends with each other and sent more than 60 red envelopes from 200 yuan. When Xiaoyi realized that something was wrong and wanted the money back, the other party lied that it could be returned within 24 hours, tricking Xiaoyi into speeding up the transfer. In this way, just three hours 1 10000 was cheated. Subsequently, the swindler threatened to return the money, tricked Xiao Yi into deleting the transfer information, flushed his family's mobile phone card into the toilet, and threw the transfer phone from the tall building, just to "destroy the body" …
In this case, analyze several legal knowledge points. First of all, the little girl is only 1 1 years old. As a person with limited capacity for civil conduct, it is obvious that her civil legal act of 1 10000 yuan is not suitable for her age and intelligence. If the legal representative disagrees and ratifies, the punishment shall be invalid. Second, the owner of the support group constitutes fraud.
1. According to the Civil Code, how is the age of civil capacity divided in China?
1. Minors under the age of 8 are persons without capacity for civil conduct, and their legal representatives act as agents to carry out civil legal acts.
Minors over the age of 2.8 are persons with limited capacity for civil conduct, and the implementation of civil legal acts is represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.
3. 18 years old, that is, adults are people with full capacity for civil conduct and can conduct civil legal acts independently.
/kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.
In this case, Xiao Yi is only 1 1 year old. As a person with limited capacity for civil conduct, her civil juristic act can only take effect if she is represented by her legal representative or recognized and ratified by her legal representative. However, her legal representative will not agree or ratify the penalty of RMB 1 100000, so the penalty is invalid.
Second, how to identify the crime of fraud in criminal law?
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Determination of fraud amount:
The criteria for identifying large, huge and especially huge frauds are as follows:
(a) the amount of fraud of public or private property is more than 3000 yuan 10000 yuan, and the amount is relatively large;
(two) defrauding public or private property worth more than 30 thousand yuan to 100 thousand yuan, which is a huge amount;
(3) defrauding public or private property worth more than 500,000 yuan, and the amount is particularly huge.
Legal basis:
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud: Those who defraud public or private property in an amount of over 3,000 yuan, over 30,000 yuan, over 100,000 yuan and over 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively.
In this case, the owner of the support group has constituted a crime of fraud, and the amount of fraud is huge, which has reached the conditions for filing a case.
Three. The possible fraud in idolatry. We should be vigilant in the following situations:
1. "Stars return money to fans" allows victims to transfer money to assistants and then return it in two or more times.
2. "Buy concert tickets through internal channels" takes advantage of the hard-to-find opportunity of some star concerts and meetings to trick fans into buying tickets through internal channels.
3. Pay attention to many stars in Weibo, attract people's attention by publishing hot topics, and then publish a lottery to buy electronic products at low prices to defraud money.
Four, these idolatry acts may be suspected of illegal crimes:
1. Funding should be supported. Fans lack the supervision of professionals in the crowdfunding process, and the person in charge is likely to run away with money, which may involve fraud and misappropriation.
2. Revealing the privacy of artists, our criminal law stipulates the crime of infringing citizens' personal information. The star's ID number, personal phone number and address belong to his personal information. Whoever, in violation of relevant state regulations, sells or provides personal information of stars to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
3. "Getting off the plane", "brushing off the customs" and "blindly brushing off the customs" may be blacklisted by civil aviation, which will affect personal travel in the future, and it will not be worth the candle.
4. The "stalking fan" stalked the photo, and the "stalking fan's improper" behavior violated the privacy of the star. If the circumstances are serious, it may be suspected of the crime of stirring up trouble and trespassing on the house.
Chasing cars, forcibly changing lanes, and stopping star vehicles are easy to cause safety accidents. Causing serious consequences may constitute the crime of causing traffic accidents and endangering public safety by dangerous means.
5. Cyber violence, which slanders and insults other artists or ordinary people on the Internet, infringes on the dignity and reputation of others. If the circumstances are serious, it may be suspected of libel and insult.
Huifagu warm reminder
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Minors' physical and mental development is not yet mature, and they can't fully recognize their own behavior, which is one of the reasons why the law divides their civil capacity according to their age. There are so many tricks of swindlers that we can't guard against them. Not to mention teenagers, even adults with rich social experience may be cheated. Therefore, legal agents should pay more attention to the growth of minors and cultivate their anti-fraud awareness.
Nowadays, the "brain powder" group in blind idolization is no longer a minor, and many adults are more crazy in idolization. Blind worship may not only be cheated, but also be suspected of committing a crime. Therefore, as an adult, he should be more rational about idolization and never make a crazy move that he regrets.