The Yunnan Court released a group of typical cases of pension fraud
Author:Yunnan Net Time:2022.09.02
Yunnan Net News (Reporter Xia Fanghai Correspondent and Yinhai) "As of August 31, the province's courts accepted 19 cases of 19 cases of pension fraud in the first and second trials, and 15 cases were concluded in the first instance." Special crimes and fully demonstrated the phased results achieved by the Yunnan Court to crack down on the special action of pension fraud. On September 1, the Yunnan Court released a number of typical cases of pension fraud.
Since the launch of the special actions to crack down on pension fraud in April this year, courts across Yunnan have solidly promoted the special actions of special actions with a high sense of political responsibility, adhered to publicity and mobilization, cracking down on the law, and "three arrows" to ensure that special actions have taken deeper operations Realistic. The Yunnan High Court incorporated special operations into the important agenda of the party group, formulated and issued a work plan, set up special action offices, established and improved information reporting, and coordinated liaison. The province's courts have always focused on the implementation of 6 types of illegal crimes that violate the legitimate rights and interests of the elderly with the name of "pension", and resolutely strictly punish the criminal of pension fraud in accordance with the law.
At the same time, the province's courts carried out three -dimensional law propaganda and took the initiative to approach public places where elderly people such as communities, parks, and squares were more aggregated. Through face -to -face and common ways, they would prevent the knowledge of elderly friends from the hands of elderly friends. More than 400 publicity activities, producing and sending more than 100,000 publicity materials; the province's courts fixedly opened a special column of "special action to combat the special action of pension fraud", and at the same time made full use of the court's self -media position to continue to accurately and accurate the "original + forwarding" method. Released the relevant manuscripts related to campaign to rectify pension fraud, and the province's courts released more than a thousand news.
It is reported that the case released this time covers a typical means of pension assistance, agency subsistence allowances, agency subsidies, investment and wealth management, agency old -age insurance, investment pension projects, etc., involving fraud, crime of fund -raising fraud, contract fraud, contract fraud Crimes related to crimes involving elderly fraud have further clarified the exposure of fraud routine, helping the elderly to improve the awareness of the rule of law and the ability to prevent fraud, and maximize squeezing the "scam space".
【Case Selection】
Crusting crimes in the name of pension -the defendant Liao Mou's fraud case
【Basic Case】
In early 2016, the defendant Liao Mou and the victim Yin (born in 1939) met the neighbors next door when renting a house in Kunming. Around May 2016, the defendant Liao Mou recognized Yin to deceive his trust for his godmother, and then followed the promise to take care of Yin Mou for his end -of -the -ages. Many times from the ATMs such as Kunming, Qujing and other places, the bank accounts used by Liao Mou on the ATM machines of the ATMs of Liao Mou will be paid. By October 31, 2018, the victim Yin Mou will use the payment inside the bank account used by Liao Mouhui. More than 110,000 yuan has been squandered.
【Judgment results】
The People's Court of Qilin District, Qujing City believes that the defendant Liao Mou took the purpose of illegal possession and thought that after the victim's elderly was finally dedicated to the victim's trust, fictional projects needed to invest several times to deceive the victim's money. Punishment, Liao, who scams the elderly, should be punished with heavily as appropriate. Then he sentenced the defendant to the defendant Liao Moufeng, sentenced to five years in prison, and fined 20,000 yuan. He continued to recover the defendant Liao's crime of 110,000 yuan to refund the victim Yin.
After the first trial was sentenced, the defendant Liao Mou expressed his dissatisfaction and appealed. The Qujing Intermediate People's Court ruled to reject the appeal in accordance with the law and maintain the original judgment.
【Typical meaning】
In recent years, illegal fund -raising and fraud in the field of pension have frequently emerged, and some fraud methods named "pension" have become increasingly refurbished. In his later years, he hopes to get more care, and once the intimacy with his family is not high, it is often difficult for the elderly to set off for the "care" given by strangers. And the psychology of care, use the "warmth trap" to remove the prevention of the elderly. The victims in this case are because they usually lack the care of their families, so they will make scammers organic. Remind as children, please give the elderly to care and take care of them, be alert to people and things that the elderly contact, and do not be succeeded by people with ulterior motives, which causes the elderly to cause property losses and spiritual strikes. At the same time, it is also hoped that relevant departments will strengthen the propaganda work of the elderly, improve the ability of the elderly to learn to prevent fraud, and reduce the occurrence of criminal crimes of elderly care, so that the elderly can enjoy their old age.
For the impersonation of the staff of the Civil Affairs Bureau, helping the subsistence allowances and the elderly subsidies as the implementation of fraud -crimes -Gong Moumou fraud cases
【Basic Case】
From October to November 2021, the defendant Gong Moumou pretended to be a staff member of the Civil Affairs Bureau to deceive the elderly's property on the grounds that he could handle minimum guarantee and seniority subsidies. A certain autumn cash was RMB 10,000, and the victim Li Moumei cash was RMB 5,000, and later splurked.
【Judgment results】
The People's Court of Panlong District, Kunming City, believes that the defendant Gong Moumou for the purpose of illegal possession, fictional facts, concealing the truth, deceiving the property of others, and large amounts. His behavior has constituted a crime of fraud and should be punished according to law. According to relevant provisions such as the Criminal Law of the People's Republic of China, the defendant Gong Moumou was sentenced to two years in prison and fined 20,000 yuan in prison for fraud. After the first instance was sentenced, the defendant Gong Moumou refused to accept and filed an appeal. He rejected the appeal after trial by the Kunming Intermediate People's Court and maintained the original judgment. 【Typical meaning】
Criminals' criminal behavior of deceiving "old -age money" and "money" for the elderly group, which not only causes economic losses to the elderly in his old age, but also hurts the simple emotions of the elderly. The case of the case is carried out, hoping to achieve the purpose of "one case education and one piece", to ring the alarm for the masses and protect the elderly. The first is to "fire eyes and golden eyes" to see the scam. When the elderly meet strangers in daily life, don't easily believe in their easy -going attitudes and sweet smiles, especially when the other party knows their own personal information of their relatives. , Do not take the stubble at will, do not easily talk. Second, it is necessary to handle it in accordance with the law. Criminals of the elderly fraud are often packaged with "helping to handle business". It is necessary to know that the implementation of national policies has a clear basis and strict procedures. others. The third is to "refund the three houses" and not contact them. In this case, the defendant adopted the way to allow the victim to withdraw money by themselves to complete the delivery, but in real life and judicial practice With a sense of privacy and protection, when the actor inquires detailed personal information or mentioned money, you should quickly open the distance with it, communicate with his children in time, report to the public security organs if necessary Soil of fraud.
Investment and financial management and high returns shall implement fraud -crimes -Qian Moumou will use investment to implement pension fraud cases
【Basic Case】
In November 2020, the defendant Qian Moumou knew the facts such as the internal personnel of China Merchants Bank, the high financial management income of the bank, and the investment of himself. Actual losses were 116,500 yuan. In July 2021, the defendant Qian Moumou could get 2,000 yuan per month for the purchase of 200,000 yuan in Chengdu Tongrentang, and after the company was listed next year, he could get greater benefits. ) 200,000 yuan. The corresponding payment was used by the defendant Qian Moumou for personal squander.
【Judgment results】
The People's Court of Xishan District of Kunming City believes that the defendant Qian Moumou has the purpose of illegal possession. There are acquaintances within the China Merchants Bank that can do financial management with high internal revenue, Tongrentang will be listed on Tongrentang to buy Tongrentang. It is also used for individual squandering, and its behavior has constituted a crime of fraud and has a huge amount of coefficients. The defendant Qian Moumou scammed the property of the elderly and punished him severely. The court of first instance sentenced the defendant Qian Mou and a certain crime to fraud, sentenced him to six years in prison for six years and ten months, and fined RMB 50,000, and ordered the defendant Qian Moumou to refund the victim's economic loss. Later, the defendant Qian Moumou appealed to the Kunming Intermediate People's Court. During the second instance, Qian Moumou volunteered to confess his regrets, refunded all the economic losses of the second victim and obtained the understanding of the victim. The new plot of the Kunming Intermediate People's Court comprehensively considered the second instance, and finally sentenced the defendant Qian Moumou to five years and six months in prison, and fined RMB 50,000.
【Typical meaning】
This case is a typical fake in the name of investment and wealth management, and fraud committed by the elderly. The defendant Qian Moumou has grasped most of the professional knowledge in the field of financial investment, and often does not understand the blind spots that do not know much about relevant legal rules. For the elderly groups, they generally hope that they have a more solid economic foundation and realize it. The psychological characteristics and investment consumption preferences of the elderly have a "investment" as the core in the process of communicating with the elderly victims. In this case, the defendant, Qian Mou, transferred a small amount to the victim in the name of "rebate dividends". The purpose was to deepen the wrong understanding of the victim, so that they would further believe that the authenticity and profitability of these "investment and wealth management projects" and the profitability and profitability and profitability were further believed. Encourage the victims to "expand investment." The victim believed that it was true, and he repeatedly transferred the defendant Qian Moumou, caught in a heavy loss in the serial scam of criminals. In the name of project investment and wealth management, the criminal act of doing fraud is not only emptied not only to empty the victim's own money bag, but also the entire family behind the victim. The most prominent and most harmful consequences of group threats are the most serious types of crimes involving elderly fraud.
This case is sufficient to warn the general public, especially the elderly group. Before investing, we must keep my mind sober, solicit the opinions of family members, friends and professionals, and conduct background investigations on the legality, authenticity, and degree of risk of related investment projects. Fully understand the decisions in the future. Do not trust the promotion, acquaintances, and recommendations. Do not be seduced by high profits, and then invest blindly.
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