The Case Analysis Of Crimes Of Fraud Committed By Yang

On5November2010，Yang who lived in Pingguo County Baise City GuangxiProvince, picked up a current passbook of Agricultural Bank of China with the username Zhang. Yang guessed the password of this passbook would be the initial one123456and then Yang successfully withdrew more than9000Renminbi twice fromthis passbook. Yang eventually was convicted and punished by the crime of fraudthrough two levels of the people’s court trial in Baise.The judgement of this case arose significant controversy in the law circles andjudicial practice field. The dispute focused on the behavior of defendant Yang, that ishow to determine which kind of crime is more appropriate, involving the crime ofencroachment, theft and fraud. Firstly, the passbook that defendant Yang picked updid not belong to the forgotten property and he did not refuse to hand the deposit over.Thus, defendant Yang did not constitute the crime of encroachment. Secondly，thebehaviour of defendant Yang did not conform to the characteristics of the theory ofsecrets theft and the bank indeed disposed the deposit. As a consequence, defendantYang neither did not constitute the crime of theft. Finally, according to the theory offraud triangle and the characteristics of defendant Yang’s behavior, it is evident thathis behavior adhered to the typical pattern of triangle fraud. Hence，defendant Yangshould be convicted and punished by the crime of fraud, which means the verdict forthe second trial of Baise intermediate people’s court was correct.Through the analysis of this case, this dissertation further discusses twoassociated behaviours of stealing the bank passbook to use and picking up credit cardto use in order to improve the deficiency of related regulations in our country and tobetter guide judicial practice.