Facts

C fabricated the name of a hardware trading company and told the victim that the company would engage in glass supply and provide business premises, inducing the victim to invest RMB 50,000. C then used a false name to avoid investigation.

Issue

Whether C could be sentenced to probation under Article 224 of the Criminal Law (contract fraud).

Defence

Ma Dehui acted for C. The defence focused on the statutory conditions for probation under Article 72: a sentence of not more than three years, minor circumstances, genuine repentance, no further risk to the community, and no adverse effect on the neighbourhood. It also addressed restitution and the victim’s forgiveness, both of which the court weighs heavily in fraud cases of modest value.

Outcome

The court convicted C of contract fraud and sentenced him to imprisonment with probation, having accepted that the statutory conditions were satisfied.