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In accordance with the relevant laws and regulations, if a friend spends money in his card, it may be suspected of a criminal offense of embezzlement, and once convicted, illegally take possession of another person's property in custody for himself, and the amount is relatively large, and he refuses to return it, he shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
The relevant laws provide for the Criminal Law of the People's Republic of China
Article 270:Where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.
This crime shall be dealt with only if it is told.
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Without the consent of a friend, it is not legal, but it is not a crime.
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No, you have no relationship between creditors and creditors at all
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Look at the amount, not much on civil mediation, if the amount is large, people can sue you.
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It's up to you and your friends to deal with it.
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Legal analysis: If someone else puts money into your card, you are obliged to return it, and if you don't pay it back, it is unjust enrichment; If the other party asks you to return it, and you refuse to return it, and the amount is relatively large, you are suspected of the crime of embezzlement. This crime refers to the act of illegally taking possession of property, forgotten items, or buried items that others have given to them for safekeeping, and the amount is relatively large, and refusing to return them.
Legal basis: Article 270 of the Criminal Law of the People's Republic of China refers to the act of illegally taking possession of other people's property, forgotten items, or buried items that are kept on behalf of oneself for the purpose of illegal possession, and the amount is relatively large, and refusing to return them.
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It should be discussed in a categorical manner.
1. Whether the other person's deposit is voluntary or you have deception, if it is fraud, you need to bear the criminal responsibility for the crime of fraud.
2. After you withdraw the money, can you return it in full when others ask to withdraw the money? If not, the other party has the right to request you to return the full amount of the deposit plus the current bank interest.
Legal analysis. First of all, whether someone else saved money voluntarily or whether you were cheating. If it is deception, if it reaches a certain amount, you will face prosecution by the procuratorate, and you need to bear criminal responsibility for the crime of fraud.
Secondly, after you withdraw the money, can you return it in full when someone else asks to withdraw it? You and the other party should enter into an oral (i.e. no written contract) custody contract, and the other party has the obligation to keep the money with you for safekeeping. However, because money is a special thing, it is not determined whether it belongs to you when you use it, so as long as the other party needs to use it, you can pay the money in full, and the legal relationship between you is safekeeping.
If it is terminated, there will be no legal liability.
Finish. Otherwise, you need to pay the other party and may be sued and bear civil liability.
Even if the amount is relatively large and refuses to return it, it will be charged with the crime of embezzlement.
Prosecution, Chengdu's criminal responsibility, that is, what you call "illegal oak shouting".
If not, the other party has the right to request you to return the full amount of the deposit plus the current bank interest.
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Legal analysis of the disadvantages of the stove: using someone else's hidden ID card to apply for a card, often saving and withdrawing money, violates the "Regulations on the Real-Name System of Personal Deposit Accounts". If a financial institution violates these provisions, it may be fined, and if the circumstances are serious, it may be ordered to suspend business for rectification, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Legal basis: Provisions on the Real-Name System for Individual Deposit Accounts Article 6 When an individual opens a personal deposit account in a financial institution, he or she shall present his or her identity document and use his or her real name. If another person opens a personal deposit account in a financial institution, the person shall present the identity documents of the person to be identified and the person to whom it is located.
Article 9 Where a financial institution violates the provisions of Article 7 of these Provisions, the People's Bank of China shall give a warning and may impose a fine of not less than 1,000 yuan but not more than 5,000 yuan; where the circumstances are serious, they may be ordered to suspend operations for rectification, and the directly responsible managers and other directly responsible personnel may be given disciplinary sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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Someone else's money was deposited in my card, and I took it out of the law. Where it is an act of unjust enrichment, and the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request the gainers to return the benefits they have obtained and compensate for the losses in accordance with law.
Article 270 of the Criminal Law of the People's Republic of China: Where the property of others is illegally taken into custody for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 2 and 5 years imprisonment and a concurrent fine is to be given. Where someone illegally takes possession of another person's forgotten or buried property, and the amount is relatively large, and refuses to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.
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