Analysis Of The Case Of Peng's Fraud Of Rental Car

With the development of the economic and the improvement of people's income level in recent years, the car rental market has become increasingly popular. At the same time, there are multiple criminal cases occurred in the car rental industry, which seriously affected the healthy development of the car rental industry. The Ministry of Public security has issued a special car rental fraud warning, which warning the operators to strengthen prevention. In judicial practice, although this kind of car rental criminal cases are in the same basic techniques, their performance is in a variety of forms, which led to controversial on the qualitative of cases. So we need to combine with the specific case and to accurately analyze and set the qualitative.This paper selects the real car rental fraud case of Pengmou, and in the cognizance of these case, the Public Security Organs and the Procuratorial Organs have held different views of how to set the qualitative and whether the crime is suspend or not. To accurate qualitative, we need adhere to the principle which combine subjective with objective, and we need to start from the constitutive elements of the crime with layers of analysis. In this case,in order to achieve the purpose of illegally possession of the rental car, the suspect Pengmou installed the car locator jammer and drove the car to the underground parking and then called the police about lost the car, and led to the misconceptions of the car rental companies, which in fact constitute fraud. The actions have already cause the recognize error of the car rental company, and the car is objectively possession by Pengmou, the result of the crime is occurred. But the suspect led the relevant people to retrieve the car after initiative to inform the car rental company staffs. And when the Public Security Organs is questioning, he can actively answer the questions and explain the crime. Which establish the conditions of surrender, so it shall be determined as surrender.Car rental fraud is now becoming a new type of multiple fraud cases. This behavior not only caused great losses to the leasing company, but also violated the normal market order, and also had a great impact of the car rental industry and market's financial order. Through the in-depth discussion of the case, we can issues in the direction of the applicable law in the fraud, occupation and other related crimes in this area, and the next step is to establish a safe and effective preventive mechanisms to provide a reference.