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18-year-old Bao is a security guard Wangjing, at noon on May 10 this year, Baomou found a Mercedes-Benz Smart shared car windows in the neighborhood is not closed. Bao Meng had the idea of stealing the vehicle for his own use. According to Bao, the first officer did not close the window. He put his hand into the car and opened the door. He then drove the vehicle to an open space near Jingmi Road. He also knocked off the two-dimensional code on the car body, cut off the wire of the key with a wallpaper knife, and carried the key with him. In the following three days, Bao repeatedly drove the vehicle to Chaoyang, Tongzhou and Haidian.
The vehicles owned by Bao Mou are limited to Beijing Waytech. Company launches. According to the company’s introduction, on the evening of May 10, the company discovered that the vehicle was in a non-operational state and GPS indicated that the vehicle had been moving. The company judged that someone was using the vehicle and the vehicle might be stolen. In order to recover the losses, the company arranged for staff to find the whereabouts of the car. On May 13, the staff discovered that the vehicle was moving again. The location was on the Fifth Ring Road near Xiangshan Road eastwards. The final staff found the car in the outer space of Poly Park, and arrested Bao on the spot and immediately called the police. After identification, the stolen vehicle worth 78,000 yuan.
During the trial, Bao argued that he had no intention of theft and only wanted to use the vehicle for a short period of time. The court held that the vehicle involved as a shared object, the two-dimensional code mark outside the vehicle, and the key fixed in the car are important conditions for the operator to manage and control the car when it is used by others. After Bao entered the car as an abnormal user, cutting off the wire rope to take the car key, tearing off the two-dimensional code and transferring the position of the car had cut off the normal contact between the car and the operator, and it used a secret method to move the vehicle. According to their own obvious intentions, their behavior is consistent with the crime of theft. In view of the fact that the stolen goods in this case had been issued concurrently, Bao was given a lighter punishment.
Eventually, the Chaoyang court made a verdict and sentenced Bao to 3 years and 3 months in prison for theft and a fine of RMB 3,000. After the first instance verdict, Bao did not appeal and the first-instance judgment took effect.