Acting in endowment insurance ... Weinan Intermediate Court issued typical cases such as elderly frauds 丨 guard the "money bag" of the elderly

This morning

Weinan Intermediate Court held a press conference on typical cases such as pension fraud

Publish 8 typical cases to the society

Come

Let's go and see together

Case 1

There is no free lunch

No risk -free high

Investment or financial management is a scam

——Li Mou illegally absorb public deposits cases

Basic case

On March 15, 2017, Li registered and operated the family portrait service center in the Korean city to sell health products as a cover. After freely distributed eggs and foot washing, massage, travel and other means to deceive the trust of middle -aged and elderly people, to buy the "certain The "different levels of consumer membership cards of" different levels of Momle Company can regularly obtain high -amount return as bait. For example, the silver card member consumes a one -time consumption of 1280 yuan in two years, which can be returned to 2,000 yuan in cash within two years, attracting investment in middle -aged and elderly people. Li pays the funds put on the members every day to pay the "Mom Mom Company" and is responsible for the distribution of membership rebates. Its sales (1280 yuan) can get a reward commission of 20 yuan. Member rebate. As of the incident, Li illegally absorbed a total of 1.1856 million yuan in public deposits, which caused economic losses to 28 funds to participate in the funds of 1,017,500 yuan.

Referee result

The court believes that the defendant Li violated the laws and regulations of the state financial management and publicly publicized the society without approval by the relevant departments. Public deposit crime. Given that the defendant Li was frank and voluntarily pleaded guilty, he could be punished lightly according to law. Judgment: The defendant, Li, committed the crime of illegally absorbing public deposits, sentenced to one year and two months in prison, and fined 50,000 yuan. At the same time, he ordered a funds to raise funds and raised 10.175 million yuan.

Typical meaning

In recent years, middle -aged and elderly people have focused on physical care and greedy psychology, and illegal crimes such as fraud and illegal absorption of public deposits are used to sell health products. In this case, Li was named after selling health products. After gaining the trust of middle -aged and elderly people, he tricked him to participate in investment cashback activities, which eventually caused major property losses of the victim. I would like to remind the general public, especially middle -aged and elderly friends, to be vigilant at all times, and always keep their minds sober. Whether it is in any form to promote high -risk return investment or financial management, it must be a scam. Otherwise, you will always get a little rebate, and the principal is always lost.

Case source: Hancheng People's Court

Case 2

Acting in endowment insurance must be obtained in accordance with the law

Corresponding qualifications and permissions Insureds should be carefully checked to beware of being deceived

——Fan Fan Fraud case

Basic case

From 2013 to 2018, Fan Mou set up an office location without obtaining the qualifications and permissions of the pension insurance, in the name of "a development company in Weinan area", and thought that others were held for pension insurance, and multiple victims were collected per person. 5,000 yuan to 32,000 yuan. After the victim paid, Fan issued the receipt of the receipt stamped with the seal stamped with the seal of the "Weinan area" or the receipt written by himself. As of the incident, Fan Mou had a total of 249 victims of 34.637 million yuan, and the stolen money was used for personal lending and living expenditure. The incident refunded 81,000 yuan, and the remaining 3.3827 million yuan did not refund it.

Referee result

The court believes that the defendant Fan Mou, for the purpose of illegal possession, lied that he had to handle pension insurance for others, and deceived the money of others many times. The amount was particularly huge, and his behavior had constituted a crime of fraud. The defendant Fan Mou scammed the property of the elderly and should be severely punished according to law; given that it can truthfully confess the criminal facts during the investigation, it can be punished lightly according to law; It was also found that before the above -mentioned judgment was announced, there was still a crime of fraud and no verdict. Judgment: The defendant Fan Mou had a crime of fraud, and was punished for several crimes. He decided to implement a sentence of fifteen years in prison and fined 150,000 yuan. At the same time, he ordered him to refund the victim of 3.3827 million yuan.

Typical meaning

This case is a typical case of fraud in the name of "endowment insurance" in the name of "endowment insurance". The defendant did not handle the qualifications and permissions of the endowment insurance, and handled the pension insurance for others to deceive the money for the elderly, and the number of people had a large number and had a large impact. Especially in the name of the unit, the old -age insurance is very easy to cause the elderly to fall into a cognitive error and suffer from property losses. This case once again reminds that relevant departments should increase the publicity of old fraud cases. The general public, especially middle -aged and elderly people, must continue to improve their awareness and prevention ability to avoid being deceived.

Case source: Linwei District People's Court

Case 3

Decele the trust of the victims by love, dating, etc.

Decele the victim's false investment and make a profit

Set up fraud crimes

——Wang and others fraud cases

Basic case

In March 2020, Wang Mou and Su Mou premeditated to make "killing piglets" fraud money. He recruited a number of "salesmen" and found divorced women through marriage and dating software "a certain pair" and "some good fate". Then use WeChat to keep in touch with the victims, use special words, deceive the victim's feelings, establish false love relationships, and then fictional securities company employees, so that the victims can help their stocks for their stocks. The gang manipulates the illusion of stock profit in the background, induces and encourages the victims to recharge the investment in the provision of false websites, and seduce the victims to increase investment with the inside information of the stock suspension. Contact to deceive the victim's money. Wang and others deceived more than 1.14 million yuan from multiple victims. Referee result

The court believes that, for the purpose of illegal possession, the defendant Wang and others used the facts such as fictional marriage and stock investment to deceive the property of others. The amount was particularly huge. The behavior had constituted the crime of fraud, and the punishment should be punished according to law. The defendant Wang, the organizer and leader of the criminal gang, played a main role in the joint crime. The main criminal should bear the responsibility of all crimes of the criminal gang and punish it from the law according to law. You can punish it from the law according to law. The defendant Su Mou and other four were employed by the crime. They played a secondary role in joint crimes. They were committed from the offending and returned all illegal income after the case. The defendant Su Mou's dedication should be punished with heavy punishment. Judgment: The defendant Wang was crime of fraud, sentenced to ten years and six months in prison, and fined 80,000 yuan; the defendant Su Mou and other four were crime of fraud, sentenced to imprisonment, and fined fines.

Typical meaning

"Kill the piglet" is an emerging cyber crime in recent years. It is confused and concealed. The victims are not easy to detect. It is easy to be deceived. It is the target of the judicial organs. This case clearly shows the steps of "killing pigs": first to deceive the victim's feelings, and then induce the victim investment, and finally achieve the purpose of deceiving the victim's money. This case once again reminds the people that the criminals have diverse and complicated names, but their essence is always unchanged. Do not trust the Internet feelings, do not believe in any insider investment, always maintain high vigilance when using the network. Riding the opportunity; if you find that the property is deceived, he should report to the police in time, actively assist the judicial organs to crack down on crimes and stop the loss as soon as possible.

Case source: Baishui County People's Court

Case 4

The project should be fully performed during the construction of the project

Obligation of qualification review and security guarantee

——A Zhao said that a property company and other disputes were provided by a property company

Basic case

A property company and a construction company signed the "Coal -fired Boiler Demolition Contract", which stipulated that a construction company was responsible for demolishing three coal -fired boilers, and a construction company transferred the project to Xiemou. Wait for five people to work. During the operation, Zhao suddenly collapsed due to the sudden collapse of the wall, causing crushing fractures of the right leg, arterial blood vessels and nerve breaks, and was hospitalized for 48 days. After judicial appraisal, Zhao Mou's right lower knee joint is missing. It is a sixth level of disability. The right thigh prosthesis needs to be installed. The cost is about 45,500 yuan at a time. It is replaced every four years.

Referee result

The court believes that a property company and a construction company, a construction company, and a Xie some are contracted. As a certain construction company, as a scheduled review, it will deliver the work with certain high -risk operation risks, high industry standards, and easy -to -cause safety hazards to be delivered to the contractor who does not have the corresponding qualifications. It has not provided evidence to prove that they have a risk prompt on the actual construction person or take relevant measures to avoid risks, and shall bear the corresponding compensation liability. Zhao and Xie Mou formed a legal relationship of employment. Zhao was injured in the employment activity. Xiemou should be liable for compensation as an employer. Zhao has a complete civil ability capabilities, ignoring his own safety in his homework, and failing to fulfill the responsibility of compensation obligations. A property company has no fault and does not bear responsibility; Xie a certain entrusting Yang to hire people to work, and Yang Mou's trustee does not bear civil liability; Fan and others are employees and do not bear civil liability. 60%of the liability, compensation for 486,200 yuan; a construction company bear 20%of the responsibility and compensates for 162,000 yuan; Zhao has a 20%responsibility, that is, 162,000 yuan.

Typical meaning

In this case, the contractor's solution does not have the qualifications of the construction of high -risk projects, does not do a good job of construction safety, and assumes the main responsibility for compensation for compensation; Ignoring their own safety in the homework, negligence of prevention, there are certain mistakes, and the secondary responsibility is assumed. The court judged according to law to bear the corresponding responsibilities, reflecting the legal principles of consistent and equal protection. It is necessary to remind that such issues in the contracting contract and construction project construction contract are more prominent, and it is also the main reason for the major controversy of the liability for compensation. When engaged in some professional and dangerous engineering operations, parties should pay attention to the nature of the project, and the qualifications of enterprise, the qualifications of the construction personnel, the standardized construction operation, and the safety construction requirements must be fully performed. Protecting obligations and preventing accidents, otherwise it will pay the corresponding price.

Case source: Case 5 of the Hancheng People's Court 5

Registration for changes in property rights

But the seller who has not actually delivered the real estate

Should continue to fulfill the delivery obligations

——The Niu Mou and Su complained that Zhang Mou returned to restorer disputes

Basic case

On September 23, 2020, Niu Mou and Su bought a unit room from somewhere. Zhang Mou has lived in the unit room for a long time since April 2014 since the existence of economic disputes with his relatives. The house Wei did not actually have it and did not deliver it to the buyer. In October 2020, Niu Mou and Su asked Zhang to retreat to the house and did not confess to the court after negotiations.

Referee result

The court believes that whether this case is a dispute over product rights, whether Niu and Su enjoy the property rights involved in the case, should be based on whether the house involved in the house is actually delivered, whether the change registration is registered, and whether the property rights change effect. judge. Although Niu Mou and Su signed a house trading contract with the seller Wei and handled the house registration of the house, Wei did not actually have the house. And without actual delivery, the property rights have flaws of rights. According to the principle of relativity of the contract, Niu and Su should be delivered to Wei to the house, and his complaint invited Zhang Mou to retreat the house cannot be established, so he rejected the claims of Niu and Su. After the verdict came into effect, Wei and Niu Mou, Su and Zhang negotiated and reached an agreement. Niu and Su paid the remaining 200,000 yuan of houses involved in the case to Zhang. solve.

Typical meaning

The right to possess, use, income, and punishment can be separated. Third -person legal relationships such as rental can be legally possession and use of houses. The obligation of the seller in the housing sales contract includes two aspects of delivery of real estate and registration of non -motionless product rights. The buyer must pay attention to the complete realization of property rights. In this case, although the house buying and sellers have registered the change of product rights change and have the publicity effect of the change of product rights, they have not actually controlled the house delivery person. People agreed that the legal possession and the unrealistic delivery of the house were rejected by the plaintiff's lawsuit in accordance with the law, protecting the legitimate rights and interests of the owner of the house, and demonstrating the fairness and fairness of the law. At the same time, it is also informed that the general public can only protect their legitimate rights and interests only by choosing the correct relief channels and choosing the correct object of prosecution.

Case source: Huayin People's Court

Case 6

Tolerant politeness to turn Gan Ge is more impulsive and disaster

—— Zhang Mou deliberately hurt the case

Basic case

Zhang and Wang were adjacent to the two. Because Zhang and his wife often lived at home, Wang piled the stone bar on the open space in front of Zhang's house. After the husband and his wife returned home, they repeatedly asked Wang to move the stone strip away from it. On November 15, 2020, when Zhang's wife asked Wang to move away from the stone bars, the corner of the mouth was torn, and Zhang rushed to the scene to pour Wang to the ground with a tree stick. Grade II. Zhang compensated Wang to lose 5,000 yuan in economic losses, and Wang expressed his understanding of Zhang.

Referee result

The court believes that both sides of each other have the intention of hurting each other, no righteousness of defense, and does not constitute legitimate defense. The defendant Zhang was injured with a stick due to a neighborhood dispute, which caused a minor injury. His behavior had constituted the crime of intentional injury. However, in view of the dispute between the neighborhood in this case, and the victims were wrong, the defendant Zhang was able to actively compensate the victim's economy. Losses, obtained understanding, and considering that the crime of the crime was mild, the defendant Zhang was convicted of intentional injury and was exempted from criminal punishment.

Typical meaning

Contradictions and disputes between neighbors often cause struggle due to improper handling, causing damage or major property losses, and touch criminal crimes. In this case, the neighbors were torn due to trivial matters from trivial matters, and a case of light injury occurred. Although the victim was compensated, the body and spirit were harmed; although the defendant was sentenced to criminal punishment by the people's court, his behavior, his behavior, his behavior It has constituted a crime, but it is not punished, leaving a stain for life, and a long -term negative impact. This case once again warned: with neighbor friends, relatives with neighbors, one more tolerance, less calculation, remember that "the fighting is no winner, the impulse is the devil."

Case source: Huazhou District People's Court

Case 7

The network is not a place outside the law

Online shopping should also abide by the law

——Che Chen fraud case

Basic case

Chen used his own information and cheated the information of others, registered the JD account, and set up different delivery addresses on the WeChat Mini Program "Jingdong Shopping", and used the payment to pay for a number of iPhone mobile phones and foot gold bracelets. After the goods arrived, the trust and negligence of the distributor were used during the payment process. It used false transfer screenshots to deceive the goods away. Chen had a total of 70,000 yuan in property.

Referee result

The court believes that, with the purpose of illegal possession, the defendant Chen has repeatedly fictional facts during online shopping transactions, concealing the truth, deceiving the property of others, and a huge amount. His behavior has violated the criminal law. Circuit: The defendant Chen was convicted of fraud and sentenced to three years and ten months in prison, and fined 10,000 yuan.

Typical meaning

Resolutely crack down on various types of fraud crimes, and maintain a good business environment is the responsibility for the people's court to ensure economic and social development. In this case, for the purpose of illegal possession, Chen adopted different goods receiving addresses and false shopping accounts. He repeatedly used online shopping to deceive property. He was punished by the court with fraud. This case reminds the public that while enjoying the convenience of online transactions, it is necessary to comply with legal provisions, adhere to the principles of honesty and trust, but also enhance the awareness of prevention and improve the ability to prevent fraud. Case source: Pucheng County People's Court

Case 8

The property is not realistic

I also unconsciously fulfill the obligations determined by the effective legal documents

Transfer, free processing property to avoid execution

The crime of rejection of the judgment

——A Zhao and Li's refusal to execute the judgment

Basic case

Wang and Zhao and Li Mou were lending disputes. The court ruled that Zhao and Li Mou repaid Wang's principal of 2 million yuan and interest. The court informed Zhao and Li to fulfill the obligations of the judgment, ordered the property situation to be reported truthfully within the specified period of time, and seized the multiple sets of real estate under the name of the two in accordance with the law. Zhao and Li not only did not consciously fulfill the payment obligations determined by the judgment, did not report the property situation truthfully, but also transferred a car (300,000 yuan) under the name of the car under the name of Li's father. The court decided to implement judicial detention measures to Zhao and Li. Because Li escaped, the detention measures failed to implement it, and then did not apply for property and evaded implementation. The court extracted the execution of the case through some real estate of the judicial auction.

Referee result

The court believes that after receiving the notice and reporting the property order, the executed person Zhao and Li did not apply for property nor consciously fulfilling the obligations determined by legal documents. Judgment: The defendant Zhao was convicted of the judgment and sentenced to one year in prison.

Typical meaning

Campaign to refuse to execute and solve the "difficulty of enforcement" is the legal responsibility of the people's court to effectively safeguard the legal rights and interests of the parties and establish judicial authority. This case is a typical refusal to execute the judgment and ruling crimes. The second executed person has a certain economic income. There are multiple real estate in the name. After the people's court made a verdict, he knew that he lost his lawsuit. Under the name of the unpaid transfer, it belongs to the situation stipulated in Article 313 of the Criminal Law "who has the ability to execute and refuse to execute, and the circumstances are serious." During the implementation period, when the property is not declared, and the detention decision is made in the people's court, the detention measures are evaded and the property is still refused. "Other situations that have the ability to execute and refuse to execute, serious circumstances" constitute a refusal to enforce judgment, ruling, and be punished by law.

Case source: Weinan Intermediate People's Court

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