Impersonating a lawyer is fraud, voluntary admission of guilt may lead to a lighter sentence
Compiled from: Jufa
Case review
Since 2019, defendant Zhang Mouwei purchased lawyer uniforms, lawyer certificates, electronic versions of the work ID of the Liaoyang City Baita District People's Court, and briefcases online, impersonating a lawyer on Kuaishou for live streaming. As of June 30, 2020, defendant Zhang Mouwei's Kuaishou followers had reached one person. From September to December 2019, victim Fu Mou needed to conduct civil litigation, and defendant Zhang Mouwei defrauded Fu Mou of a total of 18,100 yuan under the pretext of consultation fees, filing fees, announcement fees, and kickbacks.
From October 2019 to June 2020, victim Wang Mou needed to conduct civil litigation, and defendant Zhang Mouwei defrauded Wang Mou of a total of 6,978 yuan under the pretext of consultation fees, litigation fees, pre-litigation property preservation fees, and courier fees.
Around June 2020, the victim Li required a civil lawsuit, and the defendant Zhang Mouwei defrauded Li of a total of 200 yuan under the pretext of consultation fees, litigation fees, and fees for drafting a complaint.
In summary, the defendant Zhang Mouwei committed three acts of fraud, totaling 25,278 yuan, all of which he squandered on personal expenses.
After being apprehended by the public security authorities, the defendant Zhang Mouwei recognized his mistakes, chose to confess and seek leniency, and truthfully recounted his criminal process.
Relevant Laws
"Criminal Law of the People's Republic of China"
Article 266: Crime of Fraud
Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also, or shall only, be fined; if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is especially huge or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. Where this Law otherwise provides, such provisions shall prevail.
Court judgment
The defendant Zhang Mouwei was convicted of fraud and sentenced to one year and six months of imprisonment, along with a fine of 10,000 yuan.
(The term of imprisonment shall be calculated from the date of execution of the judgment; each day of detention prior to execution shall count as one day of the sentence. The defendant Zhang Mouwei's sentence runs from July 1, 2020, to December 29, 2021. The fine shall be paid within ten days after the judgment takes legal effect.)
[1] The author's perspective
First, the defendant Zhang Mouwei, with the intent of illegal possession, fabricated facts and concealed the truth to defraud others of property in a relatively large amount. His actions meet the constitutive elements of fraud and should be subject to criminal liability according to law. Based on Zhang Mouwei's own confession of the criminal process, tools, and proceeds, the fraud charges brought by the public prosecution are clear in fact and sufficient in evidence.
Secondly, based on the actual circumstances, the defendant Zhang Mouwei is a repeat offender and should be given a heavier punishment. However, after being apprehended, Zhang Mouwei truthfully confessed his criminal facts and actively compensated the victim for their losses, thereby obtaining the victim's forgiveness. This qualifies as voluntary admission of guilt and acceptance of punishment, allowing for a lighter punishment in accordance with the law.
The author believes that the swift and decisive actions of China's public security, procuratorial, and judicial authorities not only crack down on criminal activities but also effectively maintain the social and economic management order. In a sense, the socialist market economy with Chinese characteristics is also a "legal economy," where economic development relies on the improvement of the legal system, and legal construction is closely related to China's economic growth.
