Attorney Fang was slowly explaining the difference between civil fraud and criminal fraud involving health products. This difference was not something you could see simply by reading the law, but rather the experience a top lawyer had slowly summed up over many years of practice.
Why criminal offenses are criminal offenses? They are highly harmful and malicious. These are the reasons.
Therefore, at this time, it is necessary to clearly distinguish between civil fraud and criminal fraud. The main provisions in this regard are the fraud clauses in the Criminal Law, the fraud clauses in the Civil Code, and the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Fraud Cases" issued by the Supreme People's Court.
The Supreme People's Court's judicial interpretation mainly focuses on the amount of fraud, specific circumstances in various places, aggravating circumstances and other issues.
Therefore, when it comes to "transactional fraud" such as health product fraud, specific case analysis is required to analyze whether these behaviors meet the constituent elements of the crime of fraud.
Zhou Yi has begun to collect relevant evidence according to Mr. Fang's instructions. According to Mr. Fang's classification, the first thing to do is to see whether these relevant personnel will impersonate authoritative experts from authoritative hospitals, research institutes, etc.!
This is a key act in constituting the crime of health product fraud. From the perspective of ordinary people like us, fraud means that you must engage in deceptive behavior, and this behavior is directly intended to defraud you of your money!
They must be experts from these hospitals, otherwise they may be some health consultants or something else. In this case, it is difficult to determine that they are fraudulent.
Zhou Yi still remembered that he had just asked Fang Dazhuang why the judgment was different because of different identities.
Fang Dazhang spread his hands and said, "Why? Think about it carefully. The former is a scam!"
Zhou understood instantly...it was indeed very simple.
Then the question is whether these people exaggerated during the inspection process!
It's not an exaggeration, that's normal behavior, it can't be considered a scam, but you just had a scratch on your finger, and it might have healed if you had gone to the hospital later, but he said that your injury is so severe that you need amputation, and you must take this medicine from me, otherwise there will be big problems, do you think this is a scam?
The next step is to exaggerate the efficacy of their health products. Of course, this may overlap with false advertising in civil cases.
But in the words of Attorney Fang, if he defends this health care product company, then as long as what the other party says is ambiguous, he can defend it.
For example, words like "cure" or "completely get rid of" are typical examples of seeking death.
Of course, it is not necessary to be so strict. Nowadays, health care product companies have done a good job in sales pitch training. No one dares to say this unless they have a problem with their brain.
The last two aspects are also common in civil fraud, such as creating a false corporate reputation, saying that a certain official agency awarded us something, and using the official agency to endorse it.
Another way is to sell this thing many times over the cost... Actually, this is the easiest. Who would sell health products these days without a gross profit of more than ten times?
It can be said that Attorney Fang directly broke down the crime of fraud in the health care product sector, but this does not mean that there are no subjective and objective elements that are daunting. What Attorney Fang sorted out is just a way of thinking about conviction!
If you really want to look at the criminal law, the crime of fraud is defined as: the act of defrauding a large amount of public or private property by using deceptive means for the purpose of illegal possession.
Not to mention that ordinary people can't understand this sentence, even someone with rich theoretical knowledge like Zhou Cainiao finds it difficult to understand.
Lawyers and doctors are professions that require a lot of experience.
Therefore, Zhou Yi focused on collecting and fixing evidence in these areas.
In fact, it is possible to call the police now. The public security organs will naturally be responsible for the investigation, but Attorney Fang will not do so.
Since he has decided to send the other party to jail, he must do so, and there must be no accidents!
Just as I was collecting evidence, something else happened.
I walked over and saw an old man holding eggs in his hand. He said, "I really have no money. If you don't believe me, check my bank card. I can't afford it. Don't tell me."
There were two or three salesmen surrounding the old man, and Mr. Zhao was also there.
"It's okay, sir. It's okay if you don't have money. Look, we have a loan company here. They offer low-interest loans. As long as you have decent collateral, we can get the loan quickly. You can buy as much as you want then!" Mr. Zhao laughed.
Zhou Yi's fists clenched immediately after hearing this. Loans for health care products... Fortunately, these people can really make up their minds to do this.
They want to squeeze these old people dry!
Fang Dazhuang's face was also very serious. He whispered, "Those I met before were not so conscienceless. Now they are starting to offer loans for health products and even asking the elderly to mortgage their houses!"
Zhou Yi couldn't help but step forward and said, "Mr. Zhao, I don't think you need a loan to buy health supplements. Just do what you can."
Mr. Zhao glanced at Zhou Yi and an unhappy look appeared on his face. "Who are you? You, Wang Rui? Let this person go. We are also advising you to do what you can. It's all voluntary, right?"
Zhou Yi looked at the old man and asked, "Do you always want to buy those health supplements?"
The old man said, "I don't really want to buy it. The main reason is that I don't have the money. A loan is just borrowing money, which I definitely can't do. I want to leave, but they won't let me."
Many people of the older generation are unwilling to lend money, and will stay away when they hear that they are going to give you a loan.
"Look, Mr. Zhao, they don't want to buy, but you won't let them leave. What are you trying to do?"
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