Judgment for the crime of fraudulently purchasing foreign exchange

The state has national laws, and families have family rules. The laws of our country are formulated so that every citizen has the same rights and obligations. If we do anything that violates laws and disciplines, we will be severely punished by the law. When some people want to take advantage of the relationship between the state and the state, We call this behavior the crime of fraudulently purchasing foreign exchange by using the interest rate of the money to fraudulently purchase foreign exchange. Today, the editor of Legal Savior Network will introduce to you in detail the relevant legal knowledge of the crime of fraudulently purchasing foreign exchange.

1. The crime of fraudulently purchasing foreign exchange

refers to violating national foreign exchange management regulations by using Forge or alter vouchers and documents such as customs declaration forms, import certificates, and foreign exchange management department approval documents issued by the customs, or reuse vouchers and documents such as customs declaration forms, import certificates, and foreign exchange management department approval documents issued by the customs, or in other ways Fraudulent purchases of foreign exchange, involving large amounts of money. Fraudulent purchases of foreign exchange can easily lead to blindness and loss of control of domestic and foreign currency exchange, resulting in the loss of foreign exchange, affecting the balance of payments, distorting currency information, and thus shaking the country's financial and economic stability.

II. Identification

1. Crime of fraudulent purchase of foreign exchange and extortion The limits of blackmail. The crime of fraudulently purchasing foreign exchange and the crime of extortion have many similarities in behavioral methods, but there are strict differences between them: (1) The objects are different. The objects violated by the crime of fraudulently purchasing foreign exchange are complex objects, that is, the order of market transactions and the personal rights, property rights or other legitimate rights and interests of others; while the objects violated by the crime of extortion are simple objects, that is, the ownership of public and private property. (2) Objective aspects are different. (3) Subjective aspects are different. The crime of fraudulently purchasing foreign exchange involves committing forced transactions for the purpose of completing transactions and obtaining illegal benefits, while the crime of extortion involves the subjective purpose of illegally possessing public and private property. (4) The subjects are different. The crime of fraudulently purchasing foreign exchange can be committed by both natural persons and entities, while the crime of extortion can only be committed by natural persons.

2. The boundary between the crime of fraudulently purchasing foreign exchange and the crime of picking quarrels and provoking trouble. The crime of picking quarrels and provoking trouble can also be manifested in the objective aspect of coercion. The difference between the two crimes is: (1) The objects are different. The objects violated by the crime of forced transaction are complex objects, that is, the market transaction order and the personal rights, property rights or other legitimate rights and interests of others, while the objects violated by the crime of picking quarrels and provoking trouble are simple objects, that is, the order of social management. (2) Objective aspects are different. (3) Subjective aspects are different. The perpetrators of forced transactions subjectively aim to conclude transactions and obtain illegal benefits. The crime of picking quarrels and provoking trouble is subjectively done for the purpose of having fun and causing trouble. (4) The crime of forced transaction can be committed by units, while the crime of picking quarrels and provoking trouble can only be committed by natural persons.

3. The boundary between the crime of fraudulently purchasing foreign exchange and the crime of robbery. Objectively speaking, both the crime of fraudulently purchasing foreign exchange and the crime of robbery can use violence and threats, and both can infringe upon the victim's property rights and personal rights, but there is a strict difference between the two. (1) The objects are different. The objects violated by the crime of forced transaction are the market transaction order and the personal rights, property rights or other legitimate rights and interests of others. (2) Different levels of violence. There is no limit to the degree of violence in the crime of robbery, and even intentional homicide can be used, while the violence in the crime of forced transaction is limited to causing minor injuries. (3) The content of the threats is different. (4) Threats come in different ways. The threat of robbery is carried out in the presence of the victim. (5) The time to realize the threat is different. The threat of robbery carries the real possibility of immediate violence on the spot, while the threat of forced transaction can be realized on the spot or implemented after a period of time. (6) Whether “other means” can be used varies. (7) The objective performance is different. The crime of robbery objectively manifests itself as the act of forcibly taking public or private property, while the crime of forced transaction manifests itself as the act of forcibly buying and selling goods or forcing others to provide or receive services. The perpetrator of the crime of robbery takes possession of the victim's property for free, while the perpetrator of the crime of forced transaction usually pays the other party a certain amount of currency or goods as a consideration after forcing the other party to conclude a transaction. (8) Subjective aspects are different. (9) The subjects are different.

3. Judgment

According to the provisions of the Civil Procedure Law and the highest According to the requirements of the People's Court on the format of civil litigation documents, this judgment consists of a header, body and tail.

The first part ⒈ title is written in two lines, the first line is the name of the court, and the second line is the type of document, that is, "Civil Judgment".

⒉Number: Write the number on the lower right side of the title, expressed as "[Year] × Republic of China No. ××". If it is an economic dispute case, the nature of the case is replaced by the character "经".

⒊Litigation participants and their basic information ①Plaintiff: If a citizen files the lawsuit, his name, gender, age, ethnicity, place of origin, and work unit should be stated , occupation and address, etc. If a legal person files a lawsuit, the full name and address of the unit should be stated; then write the name and position of the legal representative on a separate line. During the course of the litigation, if the defendant files a counterclaim, the judgment should also indicate the titles of the respective parties in the counterclaim, such as "plaintiff" and "defendant." If the party has an agent ad litem, it should indicate what kind of agent it is, and its title should be specified: legal agent, designated agent, or entrusted agent, and then state its name and other basic information. ②Defendant: Except for the title of defendant, other basic information is written in the same way as before.The report is the same. ③Third party: State his or her name and other basic information.

⒋The origin of the case and the trial process should be expressed as: "... this case was accepted by this court on × month × day of × year, and a collegial panel was formed in accordance with the law and held in public. A trial was held. ... went to court to participate in the litigation. The trial of this case has been concluded." The factual part of the text first states the parties' request and the facts and reasons for the dispute, and then starts a new line to state the facts and evidence determined by the court. The facts, reasons and respective litigation claims of the parties involved. That is, what specific dispute issues the plaintiff requests to be resolved, how to resolve them, and the facts and reasons; the defendant’s attitude towards the plaintiff’s claims, and the main facts and reasons stated to indicate the attitudes or basis of both parties’ prosecution or defense.

The above is the legal knowledge related to the crime of fraudulent foreign exchange purchases introduced to you by the editor of the Legal Savior Network. I hope it will be helpful to you. No matter what kind of situation we face, You must have a correct social ethics in your living environment, and do not do anything that violates the law, otherwise you will be severely punished. If you have other questions, this website also provides online lawyer services, and you are welcome to come for consultation.