违反竞业限制被判诈骗罪-竞业限制知识大全|极兔竞调
近日，浙江某地爆出一则新闻。某新能源企业员工在职时签署了竞业限制协议，其离职后偷偷跑到原公司的竞争对手任职。
最终，原公司报警，经过警方调查后，将员工陈某以诈骗罪立案并追究刑事责任。
实操中，绝大多数违反竞业限制案例都是民事纠纷，属民事范围。到底什么样的竞业限制会涉及到刑事犯罪呢，今天来跟
大家一起交流交流。
首先，员工违反竞业限制被判诈骗罪的原因，主要是因为其行为已经超出了民事欺诈的范畴，符合了诈骗罪的犯罪构成要
件。经过分析，我们认为违反竞业限制被追究刑事责任的主要原因有：
1、虚构事实隐瞒真相：在竞业限制期间，员工明知自己不能从事与原公司有竞争关系的业务，却仍然设立或参与设立新公司，
从事相同或相似的业务。为了领取竞业禁止补偿金，员工向原公司提供虚假的就业证明或其他证明材料，隐瞒自己实际从事竞
业行为的事实。这种行为构成了对原公司的欺骗。
2、非法占有目的明确：员工通过虚构事实和隐瞒真相的手段，骗取原公司的竞业禁止补偿金，具有明确的非法占有目的。这种以
非法占有为目的的行为，是诈骗罪构成的重要条件之一。
3、数额较大影响恶劣：员工骗取的竞业禁止补偿金数额较大，且其行为可能对原公司造成严重的经济损失和商业秘密泄露的风险。
这种数额较大且后果严重的行为，进一步加剧了其行为的违法性和可罚性。
法律依据明确：根据《中华人民共和国刑法》第二百六十六条的规定，诈骗公私财物，数额较大的，处三年以下有期徒刑、拘役
或者管制，并处或者单处罚金；数额巨大或者有其他严重情节的，处三年以上十年以下有期徒刑，并处罚金；数额特别巨大或者
有其他特别严重情节的，处十年以上有期徒刑或者无期徒刑，并处罚金或者没收财产。员工的行为符合该法条的构成要件，因此
被法院认定为诈骗罪。
因此，员工违反竞业限制被判诈骗罪的原因是其行为已经构成了诈骗罪的犯罪构成要件。这一案例也提醒广大劳动者在签订
竞业限制协议时应严格遵守协议约定，避免因一时贪念而触犯法律。
专注竞业限制12年，关注我，教你如何破局。
Recently, a news story broke out in a certain area of Zhejiang. An employee of a new energy company signed
a non compete agreement while working, and after leaving, secretly went to work for a competitor of the
original company. In the end, the original company reported to the police, and after investigation, employee
Chen was charged with fraud and held criminally responsible.
In practice, the vast majority of cases of violating non compete restrictions are civil disputes that fall within
the scope of civil law. What kind of non compete restrictions would involve criminal offenses? Today, let's
discuss and exchange ideas with everyone.
Firstly, the reason why employees are convicted of fraud for violating non compete restrictions is mainly
because their behavior has exceeded the scope of civil fraud and meets the constitutive elements of fraud.
After analysis, we believe that the main reasons for criminal liability for violating non compete restrictions are:
1. Fictitious facts to conceal the truth: During the non compete period, employees knowingly establish or
participate in the establishment of a new company, engaging in the same or similar business, even though
they know they cannot engage in business that competes with the original company. In order to receive non
compete compensation, employees provide false employment certificates or other proof materials to the
original company, concealing the fact that they actually engage in non compete behavior. This behavior
constitutes deception towards the original company.
2. Clear purpose of illegal possession: Employees deceive the original company's non compete compensation
by fabricating facts and concealing the truth, with a clear purpose of illegal possession. This kind of behavior
aimed at illegal possession is one of the important conditions for constituting the crime of fraud.
3. The large amount has a negative impact: employees defraud a large amount of non compete compensation,
and their behavior may cause serious economic losses and the risk of trade secret leakage to the original
company. This behavior, which involves a large amount of money and has serious consequences, further
exacerbates its illegality and punishability.
Clear legal basis: According to Article 266 of the Criminal Law of the People's Republic of China, those who
commit fraud of public or private property and the amount involved is relatively large shall be sentenced to
fixed-term imprisonment of not more than three years, detention, or public surveillance, and shall also or
only be fined; If the amount is huge or there are other serious circumstances, the offender 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 particularly large or there are other particularly serious circumstances, the offender shall
be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall also be
fined or have their property confiscated. The employee's behavior meets the constituent elements of this
law, therefore it has been determined by the court as a fraud crime.
In summary, the reason why employees are convicted of fraud for violating non compete restrictions is
that their behavior has already constituted the elements of the crime of fraud. This case also reminds
workers to strictly abide by the provisions of the non compete agreement when signing it, in order to
avoid violating the law due to momentary greed.
Focusing on non compete restrictions for 12 years, follow me and teach you how to break through.
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