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You ask: What is the crime of the real estate agent who collects a huge amount of transaction funds without permission? It depends on whether he did it intentionally or unintentionally, and if it was intentional, then she was guilty. Heart. Just. Crimes against property.
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The real estate agency mainly collects information fees for the introduction of housing information, and has no right to take the transaction funds as their own, once the transaction funds are taken for themselves, and the amount is huge, it becomes the crime of fraud and the crime of infringing on funds.
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The management regulations may be different in each region, and illegal gains will be confiscated, written warnings will be given, and the main responsible persons will be interviewed, etc., and those suspected of committing crimes will be investigated for criminal responsibility in accordance with the law.
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It is definitely not in accordance with the law to protect one's own interests through legal procedures, hire a good lawyer, and keep the funds for oneself.
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The intermediary ignores the law of the country, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing the contract, the amount is huge, and it should be charged with the crime of contract fraud, but all the facts of the crime are found to be improper contract fraud, and after investigation, the second-hand housing intermediary sales contract stipulates that the cost of handling the mortgage shall be paid by the buyer to the broker, and after the intermediary collects the fee from the victim, it should be handed over to the company but not handed over, and take possession of it, and its behavior shall constitute the crime of embezzlement
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The conviction is done by the judge, and what you can do is do what you have to do.
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Fraud, embezzlement of property.
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The real estate agent collects the transaction funds privately and keeps them for himself. The amount is huge. It is a crime of fraud. They have broken the law. You can report it to the relevant department.
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The real estate agent collects the transaction funds privately for his own use, and the amount is huge, which is the crime of fraud. But now in order to reduce the crime rate in a harmonious society, economic crimes are generally not well managed, and they are all qualitative disputes, which is also the reason why the world is now the best.
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You say that the real estate agent is collecting the transaction for himself, what is the crime of taking it for himself, and the amount is huge? There is a distinction between intentional and unintentional. If it's intentional, then commit it. Cooked rice. Crimes against property.
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Behavior like this is the first place. Once coordinated. These 50 words are. By legal means. to solve this problem.
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Generally, it will not be a crime, and if the amount is particularly large, it may constitute the crime of illegally obtaining huge profits.
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For real estate agents, there is a limit to the fees they charge normally, and if the amount is huge, it should be illegal gains.
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Illegal collection of fees for one's own convenience.
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It mainly depends on whether the Netcom company has any economic disputes and then the Netcom company has pursued it several times, not that the ** person did not explain the charges in time It is a crime They have a ** relationship It is very difficult to convict them The amount of the charge is not the basis for conviction Of course, in other cases, the amount is the basis for sentencing.
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The act you said is the crime of fraud, and this crime refers to the act of defrauding a relatively large amount of public or private property by means of fabricating facts to conceal the truth for the purpose of illegal possession, and in this case, the amount reaches a huge standard, and the sentencing recommendation is 3-10 years imprisonment.
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For the purpose of illegal possession, selling other people's property without permission, and taking the stolen money as their own, and the amount is relatively large, their conduct is suspected of the crime of theft, and the new sentencing standards for the crime of theft:
The Supreme People's Court and the Supreme People's Procuratorate issued an interpretation on several issues concerning the application of law in the handling of criminal theft cases, with a total of 15 interpretations, which came into force on April 4, 2013. Compared with the 1998 judicial interpretation, the amount standards have been raised:
1. Where an individual steals public or private property with a value of 1,000 yuan or more than 3,000 yuan, it is a "relatively large amount".
2. Where an individual steals public or private property with a value of 30,000 yuan to 100,000 yuan or more, it is a "huge amount".
3. Where an individual steals public or private property with a value of 300,000 yuan to 500,000 yuan or more, it is "an especially huge amount".
The standard of punishment provided for in Article 264 [Theft] of the Criminal Code:
1. where the amount is relatively large, a sentence of up to 3 years imprisonment, short-term detention or controlled release is to be given, and/or a fine;
2. Where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;
3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
In addition, where a fine is given in accordance with law for committing the crime of theft, a fine of between 1,000 and 2 times the amount stolen shall be given; Where there is no amount stolen or the amount stolen cannot be calculated, a fine of between 1,000 and 1,000,000 RMB shall be given.
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Selling the company's property without permission is suspected of theft, and it is recommended to report to the police.
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Article 270 of the Criminal Law stipulates that whoever illegally takes possession of another person's property in custody and refuses to return it in a relatively large amount 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. 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.
Therefore, the above-mentioned acts constitute the crime of misappropriation. For specific legal issues, please log on to the criminal defense website of Ma Cheng's lawyer group for consultation. We will provide the most professional legal services, and hope to help you!
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According to Article 1 of the "Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud":
The standard for a huge amount is 30,000 yuan to more than 100,000 yuan. The standard for a particularly large amount is more than 500,000 yuan.
Characteristics of the crime of fraud:
1. The crime of fraud refers to the act of fraudulently obtaining a relatively large amount of public or private property for the purpose of illegal possession, by fabricating facts and concealing the truth.
2. The object of infringement is the ownership of public or private property, and the object of the crime of fraud is public and private property, including movable and immovable property.
3. Objectively, it is manifested that the perpetrator fabricates facts or conceals the truth, causing the victim to fall into a mistake and believe it to be true, so as to "voluntarily" transfer property from the victim to the perpetrator's side.
1) "Fabricated facts" refers to the fabrication of facts that do not objectively exist. Fictional facts can be all or partial.
2) "Concealing the truth" refers to concealing certain objective facts from the victim, causing them to fall into a wrong understanding, and thus handing over property.
Only when the amount of property obtained by fraud is relatively large, the crime is constituted. The subject of the crime is the general subject. The subjective aspect can only be constituted by direct intent and must be for the purpose of unlawful possession.
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the huge amount is 30,000 yuan to more than 100,000 yuan; The amount is particularly huge, more than 500,000 yuan.
The Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud was adopted by the 1512th meeting of the Adjudication Committee of the Supreme People's Court on February 21, 2011, and the 49th meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 24, 2010, and is hereby promulgated, to take effect on April 8, 2011.
2. March 1, 111.
In order to lawfully punish criminal activities of fraud and protect the ownership of public and private property, on the basis of the relevant provisions of the Criminal Law and the Criminal Procedure Law, and in consideration of the needs of judicial practice, the following interpretations are given on several issues concerning the specific application of law in handling criminal cases of fraud:
Article 1: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 266.
The high people's courts and people's procuratorates of all provinces, autonomous regions, and directly governed municipalities may, in consideration of the economic and social development situation in that region, jointly research and determine the specific monetary standards for enforcement in that region within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for filing.
Criminal Law of the People's Republic of China: Article 266 [Crime of Fraud] Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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My view of intermediaries is that the intermediary industry is a service industry, and you have to have professional services. The other is a team, you have to have team spirit, be able to endure hardships, and be willing to challenge.