repeated recharge of hundred dollars a prepaid card, so that Chen should, Rao Jin-Tao couple suffered The case of public concern, Kunming is known as a replica of the legal profession, Court of First Instance sentenced the couple to 13 years imprisonment, they refused to accept an appeal, the Kunming Intermediate People's Court ultimately held that Dragon re-trial after the court, ruling yesterday: Chen Ying couple guilty of theft, both jailed for 10 years. Chen couples will once again be an appeal, it is not clear.

event playback

2007 January to March period, Chen Ying,Woolrich Sito Ufficiale, Rao Jin-Tao Chen Jin in the streets of Kunming Panlong office three lucky bamboo village for their business communications store, Yunnan branch of China Telecom Corporation Limited use of intelligent public telephone system upgrade prepaid platform error of the machine, repeated illegal for public telephone recharge, and use the same methods of crime, fraudulent use of the name of China Telecom, lied to the public at discounted prices for the phone business provide prepaid recharge service, four business cards distributed by Chen to be out to attract business, responsible for the money, Rao Jin-Tao responsible for recharge, with recharge cards held by the public for the telecommunications, then it would recharge illegal, illegal prepaid a total of 447,750 yuan amount.

2008 年 2 4, Chen couple suspected of theft should be prosecuted. On April 3, Panlong court verdict that found the couple in the telecom prepaid card can be repeated for the public telephone recharge, in order to seek benefits, the use of public telecommunications company phone recharge system oversight, re-use prepaid cards for the telecommunications illegal public telephone recharge, constituted theft, a huge amount, they were sentenced to 13 years imprisonment, a fine of around $ 50,000 and ordered restitution of stolen money 414,700 yuan, the confiscation of their tools of crime.

case key

theft or unjust enrichment

from the time when filing the case on the dispute continued. Is this theft or unjust enrichment, or other legal relations? Court, the couple both Chen should call Their defense lawyers insist that this is a good first post malicious unjust enrichment, a civil legal relations.

recharge amount, how many

from the first court case, Chen insisted that his should be a couple others charge on the bill, the cash received only $ 30,000. The retrial, Chen argued that telecommunications should be re-purchased prepaid card is not fake, recharge amount only 3 million yuan, its conduct did not constitute a crime. He alleged that more than 40 million are non-existent. Amount, how much? To arrive at an accurate proof, March 31, 2009, commissioned by the Yunnan Procuratorate Panlong justice forensic center, Chen 2007, the couple should be used repeatedly for more than a thousand phone recharge cards for illegal recharge the Ministry of public judicial accounting of the amount of test . After submission of Kunming Telecom intelligent all prepaid public telephone platform CD-ROM an inspection log, lock 27 is repeated twice over the phone recharge, recharge worth a total of 457,850 yuan.

telecommunications system failure

Telecom Co., Ltd. Kunming Yunnan Province, Kunming Branch has commissioned the Quality Supervision and Inspection Station communications products, the company's intelligent switching tandem office and billing system (the province converged billing accounting system) were detected, the conclusion is: the system all qualified .

proceedings

case detection has retired four times

verdicts, Chen Ying, Rao Jin-Tao refused to accept the Kunming Intermediate People's Court of Appeal. Kunming Intermediate People's Court on October 28, 2008 ruling to the fact that the case is unclear, the lack of evidence cassation,Woolrich Parka, remand. Surveillance case back 4 times, the case for retrial has been almost from the first trial to two years.

June 15 this year, after a number of supplementary investigation and trial, Chen Ying, Rao Jin-Tao couple standing Panlong Third Court judgment seat. Panlong District Court reopened yesterday after the verdict.

hearing comments

behavior indeed constituted theft

Panlong District Court that: Chen Ying, Rao Jin-Tao ignore national laws, illegal possession for the purpose of the secret steal other people's property, his acts constituted theft. Case, two defendants subjectively knew his behavior was against the interests of telecommunications companies want to happen this result, together with each other in the implementation of the objective repeated use prepaid card recharging behavior, is a common crime, and the two defendants are specifically involved in the recharge using recharge cards illegal act, is simply a common criminal, should be the participation of their criminal acts. Chen Ying, Rao Jin-Tao huge amount of theft, shall be sentenced to ten years imprisonment. Chen should be given, Rao Jin-Tao is found in the prepaid telecommunications system abnormalities resulting from mens rea, its behavior and premeditated destruction of computer systems or the use of different crime, the case has a certain chance of occurrence. Accordingly, the court of the two defendants appropriate sentences. Sentenced Chen to be his wife guilty of theft, were jailed for 10 years, sub fined $ 20,000, continues to recover stolen money involved and the confiscation of tools of crime.

Chen should know the results of sentencing, he still maintains his innocence, but whether it would appeal, was not immediately clear. Reporters Bai Licheng summer body mine (Spring City Evening News)