Chapter 144 While Luo Dazhuang was chatting and laughing, the defendant had one more crime(2/2)
Why are 4S stores so arrogant?
Isn’t it because the cost of breaking the law is low and the profits are high?
If you are discovered, you can spend money to get rid of the problem. If you are not discovered, then you can make a lot of money.
This is certainly not enough.
Far from enough.
To put it bluntly, Jiang Bai doesn't like the maintenance provided by the 4S store. He is not interested in money. He just wants to send people who violate laws and disciplines so that they can receive a good education.
By the way, rectify and rectify the chaos in the entire industry.
To achieve this goal, simple economic disputes will definitely not work.
You still have to rely on criminal law!
Jiang Bai started to think about it.
After this period of reporting, prosecuting, and court hearings, he had a certain understanding of some crimes in the criminal law.
fraud?
The crime of fraud refers to the act of using deceptive methods to defraud a relatively large amount of public or private property for the purpose of illegal possession.
The 4S store did not defraud Jiang Bai of his property. He sent the car for repairs, and the other party did repair the car. Although there were some violations, it is basically impossible to attribute this behavior to the crime of fraud stipulated in the criminal law.
possible.
PASS!
Theft?
The crime of theft refers to the act of stealing public or private property in large amounts or multiple times for the purpose of illegal possession, burglary, theft with a weapon, or pickpocketing of public or private property.
If the other party secretly replaces car parts, or withholds the customer's unused transmission fluid, it can be regarded as theft, but smashing the car...certainly does not.
etc!
Jiang Bai slapped his thigh.
Smash the car...
Isn’t this a proper crime of intentional destruction of property?
The crime of intentional destruction of property refers to a crime that is committed by intentionally destroying or damaging public or private property, involving a relatively large amount or other serious circumstances.
The maintenance staff of the 4S store obviously damaged Jiang Bai's personal property "Audi A5" intentionally and intentionally. Moreover, the amount of the Audi A5 definitely met the standard for filing a case.
Jiang Bai's thoughts gradually became clearer.
It seems that this crime seems to be more punishable.
However, you still need to seek professional consultation for the specific punishment.
Jiang Bai set off immediately.
More than half an hour later.
Inside an elite law firm.
Jiang Bai briefly told Luo Dazhuang what happened while repairing his car, and then said, "That's what happened. I'm going to call the police for intentional damage to property. I don't know if I'll be punished."
"Of course!"
Luo Dazhuang nodded approvingly and said:
"The other party smashed your car and violated your private property, and he did it deliberately. This is a typical crime of intentional destruction of property."
"The economic value of your car should be more than 300,000 yuan. This has reached the standard of a huge amount, more than three years and less than seven years."
Jiang Bai suddenly laughed: "With your words, I feel at ease."
At this time, Luo Dazhuang glanced at him and said slowly: "In this incident, in addition to this crime, one more crime can be added."
"oh?"
Jiang Bai's eyes suddenly filled with anticipation.
Luo Dazhuang slowly spit out a few words:
"Insurance fraud!"
"Insurance fraud?"
Jiang Bai showed an expression of thirst for knowledge.
"The crime of insurance fraud is actually what people often call insurance fraud."
Next, Luo Dazhuang explained the provisions of the criminal law on the crime of insurance fraud.
The crime of insurance fraud refers to the policy holder, the insured, and the beneficiary who, for the purpose of obtaining insurance benefits for themselves or a third party, use methods such as fictitious insurance subjects, insurance accidents, or creating insurance accidents to defraud insurance funds, and the amount is relatively large.
the behavior of.
Article 198 of the Criminal Law clarifies the sentencing standards for the crime of insurance fraud.
If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan;
If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or have property confiscated.
The objective behavior of the crime of insurance fraud is manifested in the following five situations:
(1) The policyholder deliberately fabricates the subject matter of insurance and defrauds insurance money;
(2) The policy holder, the insured or the beneficiary fabricates false reasons for the insured accident or exaggerates the extent of the loss to defraud the insurance money;
(3) The policy holder, the insured or the beneficiary fabricates insurance accidents that have never occurred and defrauds insurance money;
(4) The policy holder or the insured intentionally causes an insurance accident that causes property damage and defrauds the insurance money;
(5) The policy holder or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insured.
"In this incident, the 4S store maintenance staff exaggerated the extent of the damage by smashing the car, and instigated the insurance company to issue a loss assessment report with an amount far greater than the actual amount, thus defrauding the insurance money!"
Luo Dazhuang gently pushed the glasses frame and said: "This behavior is consistent with the second case of insurance fraud. It involves the beneficiary exaggerating the extent of the loss from the insured accident and defrauding the insurance money."
"Consisting the crime of insurance fraud!"
Jiang Bai kept nodding and gave a thumbs up to Luo Daju.
As expected of you, Luo Dazhuang.
In ancient times, Zhuge Liang was talking and laughing, and his oars were turned into ashes.
Today, Luo Dazhuang is accused of one more crime while talking and laughing.
Luo Dazhuang said seriously: "Jiang Bai, I have reason to believe that what happened to you is just a microcosm, just the tip of the iceberg of the shady industry."
"Once you go to the police and file a case for investigation, it is very likely that the investigation will go deeper and even cause turmoil in the industry."
"This time is different from the past. You may face tremendous pressure or even personal threats. You have to think carefully."
Destroying someone's wealth is like killing one's parents.
If the interests of some people are affected because of Jiang Bai, they will definitely hate Jiang Bai to the bone and even take some extreme measures.
Things like retaliation for exposing insider information are not uncommon.
But Jiang Bai said he didn't care at all.
He chuckled and said calmly: "Since I dare to expose the shady secrets of this industry, I have made all preparations."
"If they are not afraid of the iron fist of criminal law, feel free to come to me."
"and……"
Jiang Bai clenched his fist and raised the corner of his mouth slightly, "They may not be able to withstand the iron fist of someone like me, Jiang!"
After three consecutive physical enhancements, coupled with the advanced "Mad Dog Fist" proficiency he had just obtained, Jiang Bai felt that he could fight at least ten.
The premise is that the opponent does not move his gun.
Of course, with the current security environment in Xia Kingdom, no one dares to use a gun easily, unless they really want to eat peanuts or go to jail.
Anyway, Jiang Bai is really not afraid of retaliation, and he even has a little expectation.
Luo Dazhuang took a deep look at Jiang Bai and nodded slowly: "Okay! I just like your temperament!"
"Just go ahead and do it. I will help you through my channels. That insurance company is Sunshine Insurance, right?"
"I know their legal director very well..."
The two hit it off and went their separate ways.
The former went straight to the police station to call the police, while the latter went to the Sunshine Insurance Longcheng branch.
——————
Chapter completed!