Lawsuit: Dismissed Kycnn1703 v. ShinHeYing [2021] FCR 59

[Canxx01]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Kycnn1703
Plaintiff

v.

ShinHeYing
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF

In pursuant to the Rules & Laws 10.0 Section 10.1 "Fraud" which states " A dishonest or illegal scheme of obtaining something of value.", and PvP & Trespassing 13.0 Section 13.6 "Trespassing" which states " To enter or be in a place without the consent of the owner or management of the place; to remain in the place after being requested to leave (minimum of two warnings or a sign) grants the owner legal authority to initiate PvP provided they can prove that the trespasser was warned. ", the Plaintiff hereby sues the Defendant for stolen items of value (through a dishonestly manner) from the Plaintiff's official residence, located at XYZ: 547,64,301.

I. PARTIES
1. Kycnn1703 (Canxx01 - Distinctive Partners at Law representing) - Plaintiff
2. ShinHeYing - Defendant
3. AciliousS - Witness/Member of residence
4. ValioR_1299 - Witness/Member of residence

II. FACTS
1. The Defendant has illegally trespassed the Plaintiff's house, located at XYZ: 547,64,301, and stole his items;
2. The Plaintiff has arrived to his home, to find some of his items stolen;
3. The chests which previously stored the stolen items had signs with "Robbed by ShinHeYing (Revenge)" written on them;
4. The Defendant, ShinHeYing, has a history of conflict with the Plaintiff, which may act for intent/may be the reason of the written (Revenge);
5. While the number of stolen items are substantive, so there may not be a fully equipped list of them, the Plaintiff has testified that these were included:
5a. 20 Shulker shells;
5b. 1 Chest full of enchantments books;
5c. Special armors that the Plaintiff has found from end;
5d. A variety of mines (iron/gold ingots, diamonds etc.)


III. CLAIMS FOR RELIEF
1.
10.1 - Fraud
A dishonest or illegal scheme of obtaining something of value.
First Offence: 10 Minutes Jail + $200 fine + Repossession of items/monies.
Second Offence: 20 Minutes Jail + $250 fine + Repossession of items/monies.
Third Offence and after: 60 minutes jail + $300 fine + Repossession of items/monies.
2.
13.6 - Trespassing
To enter or be in a place without the consent of the owner or management of the place; to remain in the place after being requested to leave (minimum of two warnings or a sign) grants the owner legal authority to initiate PvP provided they can prove that the trespasser was warned.
First Offence: $20 + 5 minutes jail time
Second Offence: $60 fine + 10 minutes jail time
Third Offence and after: $100 fine + 15 minutes jail time

While this is not criminal court, so the Plaintiff will not pursue trespassing charges, the Plaintiff still asks for the Defendant to plead guilty to Trespassing as the Plaintiff's house was broken into.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. The Plaintiff requests for the Defendant to either give back the items stolen, or reimburse with funds that will supplement the items stolen;
2. The Defendent pleads guilty to Trespassing.


(Attach evidence and a list of witnesses at the bottom if possible)

Spoiler: Instance 1 of the aforementioned signs

Spoiler: Instance 2 of the aforementioned signs

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 9th day of June 2021

 

[Westray]

This case is hereby dismissed due to lack of jurisdiction. Since the Defendant allegedly directly stole, it would be best classified under the rule of "Stealing":

4.3 - Stealing
Taking another individual’s or entity’s property without permission or legal right.
Minor (<20 items), Moderate (20-50 items), Major (50> items)
Per Offence: 15 Minute Jail + Reposes stolen items; AND either Warning / 3 Day Temp Ban / Perm Ban

Since it is a rule, it is enforced by staff, and not by the courts. This precedent can also be seen in past cases where certain prayers for relief related to stealing were not granted, such as Case No. 05-2021-10-01 in which breach of contract compensation was granted but the return of directly stolen items was not.

An instance in which fraud would apply is if the victim was mislead, scammed, or lied to, in their loss of property. In this instance, it would seem as though directly taking from a chest occurred. Therefore, I would implore the Defendant to seek out the support of staff in a ticket.

I understand some of the confusion in regards to the matter and would advise you to reach out to the legislative branch to clarify with amendments to such legislation if deemed necessary.

As for the charge of trespassing, such would be needed to be reported to the Department of Justice, and or pursued in criminal court.

The court thanks the Plaintiff for their time.