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財政部1 2月統一發票對獎號碼102年

桃園一名男子1 2月統一發票對中一千萬元,平均分給六名子女,但長子表示特獎是他對中的,不滿只分到一輛轎車與十萬元,偷走發票離家,父親怒告偷竊;後來兒子送回發票,父親同意撤告,但也感嘆說天上掉下來的千萬禮物不知是福還是禍。

桃園地檢署主任檢察官戴文亮指出,是誰購物,發票就是誰的;只是1 2月統一發票為無記名,就像樂透彩券一樣「認票不認人」,除非可以證明是所有權人,否則對持有人較有利。

許多家庭把統一發票1 2月混在一堆,集中由其中一位家人對獎,一旦中大獎,發票是誰的,易起爭議;如果擺不平,可從購物內容、何時購物、在何處購物、購買金額、是否刷卡購物等釐清所有權。

如果兒子偷了1 2月統一發票兌獎,構成竊盜罪;如果委託兌獎後「吞了」獎金,則是侵占罪。不過兩罪若是親屬間犯罪,則屬告訴乃論,如果兒子認錯、還錢,父親可以選擇不告或撤回告訴。



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