Analysis Of Huang Moumou’s Crime Of Fraud

Over the years,there have been more and more fraudulent methods,and the use of cheating in gambling to defraud victims’ property often occurs.This type of fraud is generally referred to as "gambling fraud." It is generally through "gambling" and other methods or means to illegally occupy and defraud the legal property of the victim.On the surface,this kind of gambling fraud is just ordinary gambling,but in fact it is a kind of fraud to cover up the perpetrator through the form of "gambling".Therefore,there are still some controversies as to how this type of case should be characterized.The Huang Moumou fraud case is such a typical case,and different opinions among the investigators have already appeared during the investigation of the case.Huang Moumou and others illegally took possession of Yao Moumou’s property by gambling.Yao Moumou,because of losing the IOU signed by the gambling bureau,became a tool for Huang Moumou and others to ask for money from him.The focus of the case studied by the author in this article is: first,what kind of crime the behavior of Huang Moumou and others constitute;How to convict a telephone answer(hereinafter referred to as the answer)and the Supreme People’s Court promulgated by the Supreme People’s Court to set a trap to lure others to participate in gambling,and to inflict compulsive or violent mutual threats on victims and deceived persons who claim money back Whether the Reply on Conviction and Trial Issues(hereinafter referred to as the Reply)can be used as a reference in this case.First of all,in order to pay off the debts owed by gambling,Huang Moumou persuaded Yao Moumou to drink and get him drunk,so that Yao Moumou’s consciousness was in a state of unclearness,and he was brought into the teahouse to start gambling games in order to play fake cards.The way of controlling the winning or losing of the gambling game,so that Yao Moumou lost more than 400,000 and wrote the IOU.Whether it is drinking alcohol or playing fake cards,it is Huang Moumou and others who want to illegally occupy and defraud Yao Moumou’s money,which constitutes the crime of fraud.Secondly,if gambling is only used as a means of fraud,the actions of Huang and others constitute the crime of fraud.Yao,as a victim,does not need to hand over the deceived property to the state,but should return all of it to himself.Finally,the replies and replies are specific to individual cases and gambling cases under special circumstances.With reference to the specific behaviors of Huang Moumou and others in this case,the replies and replies should not be used as a reference for qualitative behavior in this case.This case will also raise questions about whether property interests can be the target of the crime of fraud.The current criminal law in our country does not include property penal benefits in the crime of fraud.However,in this case,Huang Moumou did not actually obtain Yao Moumou’s property at the end of the gambling game,but only obtained it through the IOU the next day.Yao Moumou’s cash and his car are used to offset the cash.Therefore,this article will also explore whether property criminal interests can be the target of the crime of fraud.The case revealed that my country’s regulations on gambling fraud are not clear and have not provided a complete explanation.Therefore,this article will make a complete analysis of the behavior of Huang’s and others,and put forward the issue of my country’s gambling crime and fraud.Some opinions and reflections on the improvement of judicial interpretations of crimes,and how the Supreme Court’s replies and replies to individual cases should be applied in judicial practice.I hope that similar cases in judicial practice in the future can allow case-handling personnel to reach a consensus on what constitutes crime.