“托盘贸易”类合同诈骗犯罪研究——以“曹某合同诈骗案”为例

Research on "Pallet Trade" in Crimes of Contract Fraud:Take Cao’s Case as an Example

由于交易活动的信息不对称性,犯罪分子以中间人身份,引入国企参与"托盘贸易",通过"一手托三家"方式实施合同诈骗,导致国有财产的流失。此类犯罪行为在合同、案款、主观明知等方面存在审查难点,更易与民事欺诈发生混淆。需结合证据三性原则,据实审查多类证据,并通过制发检察建议、强化多方沟通和加强普法宣传等手段,有效预防此类犯罪发生。

Due to the information asymmetry in trading activities,criminals act as middlemen and introduce state-owned enterprises to participate in the"pallet trade"(a kind of financial trade),in which the middlemen who actually control the goods suppliers and the companies in need of the goods may commit contract frauds,thus resulting in the loss of state-owned property.Such criminal acts are difficult to be investigated in terms of contracts,payment for goods,subjective knowledge,etc.,and are more likely to be confused with civil frauds.In order to effectively prevent such crimes,the procurators should fully understand the three core evidence principles,review multiple types of evidence based on the facts,use the"prosecutors recommended"system to remind the state-owned enterprises,improve multi-party communication,and strengthen the law popularization.