Fortune Telling Collection - Fortune-telling birth date - Is fortune telling illegal or not? _ Is fortune telling illegal or not?
Is fortune telling illegal or not? _ Is fortune telling illegal or not?
Legal analysis: it should be analyzed in detail. There are two ways to inquire about judicial cases related to "fortune telling". First, during the trial, the court fully respected the traditional Chinese geomantic culture and customs, and did not make a scientific or superstitious characterization of traditional geomantic omen. At the same time, the court found that the feng shui consulting service provided by the feng shui master was a legal consulting service. Second, the court held that "fortune-telling" was unjust enrichment, which was not a legitimate reason for obtaining benefits as stipulated by Chinese laws, and should be returned to the victims. Based on two different judicial cases, it should be considered that "fortune telling" itself is not an illegal act, as long as the fees are normal, it should be regarded as a normal labor expenditure. However, it is illegal to charge a lot of fees or cheat by fortune telling, from the use of unjust enrichment in civil law to the return of property in criminal cases.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
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