He Peng Commented On And Theft

In March2001, He Peng hold only10yuan ABC golden spike number of an ATMwithdrawals in kunming cash429700yuan, and then makes a false report the loss.Yunnan qujing city intermediate people’s court by the first-instance court to stealingHe Peng was sentenced to life imprisonment, deprivation of political rights for life,and concurrently confiscate all personal property. Yunnan province higher people’scourt upheld a second trial court. On November24,2009in yunnan provincial highcourt started the procedure for trial supervision reiterated on the case. Determine HePeng committed theft and sentenced to eight years and6months,$30000fine. InJanuary2010, the supreme people’s court approved the decision.The case because there are many similarities and xu ting case, and three timesbefore and after the court ruling, the law theory and judicial practice has caused greatcontroversy. Dispute mainly focus on qualitative He Peng case problem, namely HePeng behavior is theft, or credit card fraud, or occupation. He Peng golden spikeinsert ATM machine, enter the password, the moment into their own account, He Pengis the huge cash account entitled with the command, control, and to possess. Thepossession of his own property is not be the object of crime of larceny. Therefore HePeng behavior is not theft. He Peng holdings of ABC golden spike for debit card doesnot have overdraft function, do not belong to the provisions of the criminal lawrecognize the situation of credit card fraud, can’t set up the crime of fraud of the creditcard. He Peng out of more than40, ten thousand yuan in cash belongs to the unjustenrichment, is to turn their possession into illegal all, establishment of embezzlement.In addition, in this case the court has not mentioned the "victim" bank fault, whetherthe He Peng fair, worth thinking about.