بروزرسانی در تاریخ 1400.2.12
کلاهبرداری عبارت است از وادار کردن دیگری بر تسلیم اموال اعم از منقول و غیر منقول به
واسطه حیله وتقلبی که توسط فاعل انجام می گیرد و مجنی علیه تحت تاثیر آن قرار می گیرد و
تعریف قانونگذار از کلاهبرداری عبارت است از توسل به وسایل متقلبانه و بردن مال غیر وجه افتراق کلاهبرداری
و سرقت در این است که بردن اموال منقول یا غیرمنقول در جرم کلاهبرداری با رضایت مالک است ولی در سرقت بردن اموال بدون رضایت مالک است.
این جرم در قانون دارای عناصری است :
عنصرمادی : توسل به وسایل متقلبانه و بردن مال غیر
عنصر معنوی : جرم کلاهبرداری از جرائم عمدی است و لذا نیازمند علم و قصد است.
متعلق علم این است که اولاً بدانیم موضوع مالیت دارد دوماً بدانیم که مال متعلق به غیر است.
لذا علم به متقلبانه بودن وسیله و قصد اضرار به غیر تشکیل دهنده این عنصر هستند.
بر اساس ماده 1 قانون تشدید مجازات مرتکبین ارتشاء و اختلاس وکلاهبرداری مرتکب این جرم به
رد اصل مال به صاحبش ، جزای نقدی معادل مالی که اخذ نموده و به حبس از ا تا 7 سال حبس محکوم خواهد شد .
حال چنانچه مرتکب کارمند دولت باشد مشمول ماده 3 قانون تشدید مجازات مرتکبین ارتشاء ، اختلاس و کلاهبرداری خواهد بود.
*صرف دروغگویی کافی برای کلاهبردار نخواهد بود .
*جرم کلاهبرداری جزء جرائمی است که شروع به آن نیز جرم مستقل شناخته می شود و
این مسئله در قسمت اخیر ماده 641 قانون مجازات بیان گردیده و
تعریف قانونی آن عبارت است از توسل به وسایل متقلبانه برای بردن مال غیر مثالی که می توان به آن اشاره کرد :
اینکه شخصی از وسیله متقلبانه کارت نیروی انتظامی استفاده می کند ولی در حین اجرای عملیات دستگیر می شود
و جعلی بودن کارت محرز میشود، در این صوت هرچند شرط بردن مال و اضرار به دیگران تحقق پیدا نکرده است
اما عمل شخص از دیدگاه قانون جرم است و مجازات مستقلی دارد.
1-این جرم با فعل مثبت تحقق می یابد.
2-این جرم یک جرم آنی است یعنی با تسلیم مال مورد نظر کلاهبردار تحقق پیدا می کند.
مرتکب جرم کلاهبرداری می بایست علاوه بر تحمل کیفر خود (یک تا هفت سال حبس) اصل مال را به صاحبش رد کند و
معادل مالی که اخذ کرده جزای نقدی پرداخت نماید.
133 Comments
کلاه برداری همسرم زمانی که من درشرکت نگهبان بودم۲هفته۱بارمیامدم۳ساعت منزل خواهرزنم مستاجربودیم بدون اجازه من خانه عوض کرده وبعدچندماه گفت بابرادرم شریک خریدم که من با برادرش مغازه کفش فروشی شریک هستم باپول من خریده ولی با اینکه برادرش. گفته شناسنامه شوهرت بیار گفته نیس به نام خودم بزن وحالابنگاه دار آورده خانه بفروشه به من نمیگه
اگر با پولی که شما بهش داده باشید خریداری کرده باشد مشکلی نیست و میتواند هر اقدامی نسبت به ملک خریداری شده انجام دهد
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