Is it fraud or borrowing?Procuratorial technology helps to open the case and fog ｜ Tonight 9:30

Don't let go of any clues

With procuratorial technology help

The prosecutor finally found

Driven of futures accounts

I also figured out the doubts of the case

Native

"He lied to be a bank employee and cheated me 900,000 yuan. The 500,000 yuan in my futures account was also lost!"

"I didn't lie to his money. His futures account was not controlled by me. We were normal borrowing disputes. Why do you say that I scam?"

In the court, the defendant Zhu Mou argued that the case of himself and Shen was a civil dispute, not a criminal case.

After a public prosecution was filed by the Procuratorate of Haiyan County, Zhejiang Province, the court sentenced Zhu to ten years and nine months in prison for fraud, and fined 150,000 yuan.

Report

"Friends" lied to say that bank employees scammed money

In May 2020, Shen Mou came to the Haiyan County Public Security Bureau to report the case with a full face, saying that he was deceived by Zhu Mou 900,000 yuan and issued a debit.

Shen said that he met Zhu at a meal. The other party claimed to be a bank staff. He was enthusiastic about investing in financial management knowledge. He not only applied for the school and majors for his children's staff, but also helped himself to apply for bank loans. After being familiar, the two are called brothers.

One day, Zhu told Shen that there were several familiar customers in urgent need of capital turnover. If Shen issued a loan item, the monthly interest was 2%. Out of trust in Zhu, Shen took out the deposit of 200,000 yuan at home. After a period of time, Shen was able to receive interest as scheduled, so he trusted Zhu Mou. Later, Shen borrowed a mortgage loan of 700,000 yuan to Zhu. At this point, together with the previous 200,000 yuan, Shen was lent to Zhu for a total of 900,000 yuan, but Zhu lost contact.

The public security organs found that Zhu only received some of Shen's money, and at the same time of the loan, the futures account under Shen Mou suddenly had 500,000 yuan more. Regarding the money in the futures account, Shen explained that at that time, Zhu Mou entrusted the Shen Mou to open a futures account for his use on the grounds that the bank staff could not open the futures account, and asked Shen to hit the 500,000 yuan borrowed to the 500,000 yuan to the 500,000 yuan to the 500,000 yuan to the 500,000 yuan. In the futures account, the actual controller of the futures account is Zhu, and the password is set by Zhu. In addition to 500,000 yuan, the remaining money Shen was transferred to Zhu through a bank.

After being rumored to the case, Zhu Mou denied: "I did not claim to be a bank staff, and Shen's 500,000 yuan also spent his own business. Name ... The money that Shen Mou transferred to me is just a loan. "

The investigation of the case suddenly fell into a deadlock. Who is lying in Shen and Zhu?

Fog

Is it fraud or borrowing?

"Shen, how did you find that Zhu was lying about you?" "I saw on TV that I could check my personal credit on the TV, and I asked my son to check Zhu. And there are multiple civil lawsuits on the body, which is an out -of -the -box 'Lao Lai'. Later, I contacted Zhu Mou. As soon as the other party heard that I wanted to take all the money back, and the phone was not answered. "

According to Shen's statement, the police found that there was no employee named Zhu at all. The credit reporting system shows that Zhu is indeed a "Lao Lai".

At the same time, the public security organs were retrieved from the WeChat chat records of Zhu and Shen, and the bank card transfer records, and the witness testimony was based on the obtained witness testimony. It is revealed that he has a high salary and a lot of dividends.

After many verifications, the public security organs believed that Zhu was suspected of major fraud. On June 8, 2020, he set up a crime of suspected fraud and reported to the Haiyan County Procuratorate for approval on July 8.

After receiving the case materials, the prosecutor locks the two focus of the case through the scroll: Zhu Mou asked Shen to get the money obtained by the bank transfer, whether Zhu Mou was borrowed or borrowed; By.

Is it fraud or borrowing? The prosecutor said that it mainly depends on whether the actor has the purpose of illegal possession. However, because Zhu also repaid after borrowing, and the repayment ability of his borrowing was not checked, whether Zhu Mou had not sufficient evidence that he constituted the crime of fraud. While the prosecutors made doubts in accordance with the law, they had formulated a detailed investigation outline for the case of the case, and guided the investigating authorities to continue to supplement the investigation.

After investigation, Zhu did not have any assets in the name, and he did not have a fixed work. Most of the money that Shen was transferred to Zhu was used by Zhu for online gambling and repaying personal debt. The agreed interest, Zhu's trust in Shen. Prosecutors believe that Zhu Mou has a fictional identity and deceived Shen's money without repayment ability. He subjectively has the intention of illegal possession. After deducting the repaid interest, he can determine that Zhu actually cheated more than 200,000 yuan. At this point, some of the funds on the borrowing entries have been checked. However, who the actual controller of the futures account is still foggy.

Reverse

MAC address becomes the key to solving the case

Futures accounts were only 60,000 yuan after losing money. Strangely, the money has both records from the account of Shen's wife, as well as a record of Gu Mou's account with transfer to Zhu. Although the background data from the public security organs has MAC addresses and IP addresses, it cannot be associated with the mobile phone that Zhu was detained in the case. After searching for Zhu's renting house, the public security organs did not find that Zhu had other communication equipment.

On the occasion, a sentence Zhu Mou said in the transcript attracted the attention of the prosecutor. "I have no bank card under my name, and I usually use my aunt's futures account to fry the futures ..." Aunt Zhu's futures account and Shen's Will there be associated with futures accounts? You cannot let go of any clues, and the prosecutor immediately commissioned the prosecutor to investigate the background data and IP address of the futures account of Shen and Aunt Zhu, hoping to find the key to solving the case.

Prosecutors are investigating the investigation of electronic evidence

"After checking the background data of the two futures accounts, we found that Shen's futures account is the same as the MAC address of Aunt Zhu's futures account. You can determine that the two accounts are operated on the same device." The technician explained that the MAC address is like a person like a person. The ID number has uniqueness and represents the physical address of a host. The same MAC address means that Aunt Zhu's futures account and Shenmou's futures account are the same. At this point, the truth of the case is white.

It turned out that in order to escape the sanctions of the law, Zhu let Shen ’s borrowing of 500,000 yuan into Shen's own futures account and staged a good show of the golden cicada. After the money arrived, Zhu used all the money to speculate in the speculation. In front of the evidence, Zhu's sophistry did not attack himself. Zhu's fraud has increased from more than 200,000 yuan to more than 700,000 yuan.

Public prosecution was filed by the Haiyan County Procuratorate. On November 29, 2021, Zhu started a trial in the first instance of Zhu. On February 10 this year, after trial, the court sentenced Zhu to ten years and nine months in prison for fraud, and fined 150,000 yuan. Zhu was dissatisfied and appealed. A few days ago, the Jiaxing Intermediate Court was tried to maintain the original judgment in the second instance.

(Procuratorate Fan Yuehong Wei Jieping Wu Juping)

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