Tourists lose their ownership after throwing their money into the wishing pool. In fact, the scenic spot occupies it. The money in the wishing pool is not ownerless, but part of the property of the scenic spot, and the scenic spot has the right to dispose of and manage the money.

Theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property. The subjective aspect of theft is direct intention and has the purpose of illegal possession. Objectively speaking, it is an act of stealing a large amount of public or private property or stealing public or private property many times.

Theft of public and private property includes tangible money, gold and silver jewelry and other property, as well as intangible property such as electricity, gas and natural gas. Stealing the property of one's own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.

The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it shall be calculated in RMB according to the price of similar goods at the time and place of the crime and the nuclear price method stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (Fa Shi [1998] No.4).

According to the specific provisions of the Criminal Law and relevant judicial interpretations, the following acts are also punished as theft:

1. Paragraph 3 of Article 193 of the Criminal Law stipulates that anyone who steals a credit card and uses it shall be convicted and punished for theft.

2. Article 2 10 of the Criminal Law stipulates that whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft.

3. Article 253 of the Criminal Law stipulates that postal workers who open or conceal, destroy mail or telegrams and steal property privately shall be convicted and punished for theft.

4. Article 265 of the Criminal Law stipulates that anyone who steals another person's communication line, copies another person's telecommunication code number or uses it knowing that it is stolen or copied telecommunication equipment and facilities for profit shall be convicted and punished for theft.

5. Article 7 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that anyone who illegally recharges and uses a telecommunication card, thus causing great losses to telecommunication charges, shall be convicted and punished for theft.

6. Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that anyone who misappropriates other people's public information network accounts and passwords to surf the Internet, thus causing great losses to telecommunication charges, shall be convicted and punished for theft.

legal ground

Criminal law of the people's Republic of China

Article 264 Whoever steals public or private property in a relatively large amount, or commits theft, burglary, armed theft or pickpocketing for many times, 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.