Reselling behavior is an economic activity in which an individual or unit plays the role of a middleman in commercial activities, and the actor buys relevant information at a low price and sells it at a high price to earn the difference profit. Under the condition of market economy, business behavior itself is a normal phenomenon and the essence of most business activities. However, commercial behavior needs to be exercised within the scope prescribed by law.
If the examination materials are sold, there may be illegal or even criminal cases. In the first case, it is illegal to sell the postgraduate entrance examination materials without authorization, which may violate the copyright law and criminal law. And if the circumstances are serious, you need to bear criminal responsibility. According to the criminal law, for the purpose of making profits, infringing on the copyright of others or infringing on the rights related to copyright can constitute the crime of copyright infringement.
The following circumstances, if the circumstances are serious, can constitute a crime of copyright infringement. One is the act of copying, distributing or spreading to the public his written works, musical works, artistic works, audio-visual works, computer software and other works through the information network without the permission of the copyright owner. The second is the act of privately publishing books and works that others enjoy exclusive publishing rights. In reality, there are acts of infringing copyright without the permission of the copyright owner or copyright-related obligee. May constitute a crime of copyright infringement.
According to Article 2 17 of the Criminal Law of People's Republic of China (PRC), the law stipulates the crime of copyright infringement.
Whoever, for the purpose of making profits, commits one of the following acts of infringing on copyright or rights related to copyright, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years.
Punishment, with or without fines; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
(1) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;
(4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;
(five) the production and sale of counterfeit works of art;
(6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.
If a criminal incidental civil case is protracted for a long time, the law stipulates that a criminal judgment can be made first.
Zhao was sentenced to five years in prison for fraud and was acquitted by the Supreme Court after retrial. Zhao can't tell.
The judicial interpretation of illegal fund-raising was revised, and the behavior identification, behavior type and punishment were revised.
How to stipulate the crime of fraud? Pay attention to the difference between criminal fraud and civil fraud.