The Qualitative Research On Behavior Of Depositing Counterfeit Money But Drawing Real One From Faulty ATM

These years, our country banking industry has been developing rapidly,meanwhile,some new bank-related crimes have also been increasing gradually, some thefts about credit cards and some thefts about ATM have been increasing year by year, these behaviors do harm to the safety of the people's property , also destroy a normal economic and financial order. For some cases, unanimous understanding has gradually been formed in theory and judicial practice, but depositing counterfeit money but taking real one behavior through malfunctioned ATM machine , the community of criminal law and the judicial departments still have some fierce debate on accurate charges and punishment . The current criminal law and judicial explanation about this issue are not enough clear. Based on the typical case- "ShaoMou depositing counterfeit money but taking real one through malfunctioned ATM ", and using case-analysed form, this paper explains and expounds if the behaviors constitute crimes ,what kind of crime these behaviors constitute and how we punish these behaviors using the case "ShaoMou depositing counterfeit money but taking real one through malfunctioned ATM ".The article is divided into five parts, the first part introduces detailed process that ShaoMou deposited counterfeit money but took real one through malfunctioned ATM . The second part and the third part put forward the focus of the case and the disputed points, this case involves the following basic elements: if the behavior constitutes a crime depositing counterfeit money but taking real one, what crime the behavior constitute, and how to sentence. The fourth part points out although the behavior of deposting counterfeit money but taking real is accord with the other criminal crime constitution one in some respects, such as the use of counterfeit currency sin, fraud, etc., but the author think the behavior of depositing a counterfeit money and taking real one is the theft of financial institutions, this kind of behavior constitutes theft , meanwhile, ShaoMou's behaviors of purchasing counterfeit currency and stealing exist implications,so ShaoMou does not need to be convicted and punished separately. In the end, summarizes the parts mentioned, based on the case -ShaoMou depositing cunterfeiting money and taking real one through malfunctioned ATM, the author summarizes the sure charges and sentencing . The sixth part :On analysing the case , the author gets two revelation; Firstly, we should perfect the legislation,and make legislation keep pace with the times, Secondly, efforts should be made to improve the judicial personnel's moral accomplishment and legal theory attainment.