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行为人以非法占有为目的,虚构未上市公司将要在境内外依法上市并可以获得高额原始股回报等事实,诱骗被害人高价购买其明显低价购进的未上市公司股票,从而骗取他人钱财,数额特别巨大,其行为符合诈骗罪的构成特征。其以非法经营证券业务为形式从事诈骗犯罪活动,手段行为、目的行为分别触犯非法经营罪、诈骗罪两个罪名,根据牵连犯从一重罪处断的原则,应以诈骗罪定性处罚。
Act for the purpose of illegal possession for the purpose of fictitious unlisted companies will be listed in law at home and abroad will be able to obtain high return on the original stock and other facts, to lure victims to buy their unnoticed shares of unlisted companies to deceive other people’s money, The amount is extremely large and its behavior is in line with the constitutional characteristics of fraud. It engages in criminal activities, means and acts of illegal business in the form of illegal securities business. Both of them are committing two crimes of illegal business crime and fraud. According to the principle that the implicated party should be punished from a serious crime, the criminal shall be punished by the crime of fraud.