Leave a sick employee online shopping for 17 months was 70 thousand yuan

Hefei ZA

fazhiwanbao· 2017-07-11 11:12:21

" in Hefei City, Lee's company personnel management is loose, resulting in individual employees to call in sick, not eating empty rates, quietly outside the other profit seeking occupation. Lee occasionally learned the truth, but also through the Internet to buy some sick leave, has the accident fracture, intestinal obstruction, such as kidney stones as an excuse to leave the company a total of 17 months, not only get sick pay 76500 yuan, also an income obtained by part-time. After being reported, the company on the basis of unannounced visits, Lee had asked him to admit mistakes and return all wages. Lee believes that only the use of fake sick leave "eat empty rates", and did not force the company to approve leave and pay wages. So, Lee did not admit life or death, the company eventually call the police. Recently, Lee was sentenced to fraud by the court.

said "the method"

court judgment is not inappropriate, namely Li Mouque constituted fraud.

the crime refers to the illegal possession of the purpose of using fictional facts or concealing the truth of the method to defraud the larger amount of public and private property.

corresponds, in this case, Li's behavior already has the constitutive requirements of the crime: on the one hand, Li has the purpose of illegal possession. Lee's goal is not just to get extra income through part-time work, but also to hope that the company will not be found, sanctions, and more hope to get sick pay from the company at the same time. Such means and methods of violating property are prohibited by law. On the other hand, Lee has implemented fraud. The crime of fraud in the fictional facts or conceal the truth, "Lee through false sick leave, do not have a" disease "fictional facts, conceal the truth of sick pay to defraud the company, the company based on the wrong understanding of the" active "" voluntary "wage paid to Lee, was consistent with the. On the other hand, the crime of fraud is an amount of crime, that is, only the property of fraud in the "larger amount" more than constitute a crime. "The Supreme People's court and the Supreme People's Procuratorate on criminal fraud cases the interpretation of" 1 has stipulated: "to defraud public and private property worth three thousand yuan to ten thousand yuan, thirty thousand yuan to one hundred thousand yuan, five hundred thousand yuan, shall be separately identified as article 266th of the criminal law" in large amount "and" huge amount "," huge amount ". "In this case, Lee in a total of 17 months of" sick leave ", fraudulently, wages 76500 yuan, obviously belong to" huge amount "column, naturally understood.

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