Beijing Court released a typical case of cracking down on culinary crimes of pension fraud

Since the special actions to combat pension fraud in April this year, the Beijing Court III Court has effectively improved political standing in accordance with the deployment requirements of the Central Committee, Beijing Municipal Party Committee and the Supreme People's Court. Observation has achieved a series of work results. In order to further demonstrate the distinctive attitude and strong determination to severely punish the crime of pension fraud in accordance with the law, the Beijing Higher People's Court today issued 5 typical cases of criminal criminal criminal crimes. These cases reflect the various crimes that the Beijing court will combat the aim of "pension" in the name of "pension", to violate the legitimate rights and interests of the elderly through deception, and implement the criminal policy of criminal trials, and give full play to the role of criminal trial. Severe punishment for the crime of pension fraud, fully pursuing stolen goods, safeguarding the legitimate rights and interests of the elderly, and actively participating in comprehensive social governance, completely eliminating the breeding of the soil of the elderly fraud, showing the Beijing court to safeguard the legitimate rights and interests of the elderly with actual actions, safeguard the capital of the capital and the economy of the capital, and the economy The responsibility and responsibility of social stability and security.

Beijing Court cracks down on rectification of pension fraud crimes

Typical Case

Table of contents

1. Huang Moumou and others fraud -use telecommunications fraud to carry out pension fraud crimes

2. Gao Moumou and others fraud case -the intermediate people's court will be rearranged to jurisdiction over jurisdiction for pension fraud cases

3. Xu Moumou and others fraud -implementation of criminal policies of lenients and strictness, punish criminals of pension fraud in accordance with the law

4. Cui and Huang Moumou raised funds for fund -raising fraud -fully pursuing the stolen stolen money and maintaining the legitimate rights and interests of the elderly

5. Chi Moumou and others fraud case -actively extend judicial functions and participate in comprehensive social governance

Case number one

Huang Moumou and others fraud cases

—— Use telecommunications fraud to carry out criminals for pension fraud

Basic case

The defendant Huang Moumou, male, Han nationality, was born on August 5, 1992.

The identity of the other defendants is slightly.

From January 2019 to January 2021, the defendant Huang Moumou successively established A and B and two companies to hire the defendant Zhang Moumou and others. The purchase of high -priced collections on behalf of the sale is bait, which cooperates with each other to deceive the victim's "on -shelf fees" and collected acquisition fees for more than 2.2 million yuan.

Referee result

In the first instance of the People's Court of the Daxing District of Beijing, nine defendants did not appeal after the verdict. The public prosecution agency did not file a protest.

The court believes that the defendant Huang Moumou and other nine people, such as illegal possession, used telecommunications network technology to implement fraud, and their actions had constituted fraud and should be punished according to law. Huang Moumou and other three people had a huge amount of fraud. Zheng and other 4 people had a huge amount of fraud. Based on this, Huang Moumou was sentenced to 11 years and six months in prison for fraud, deprived of political rights for two years, and fined 120,000 yuan; I did not wait for the punishment year, and deprived of political rights and fines; ordered the defendant Huang Moumou to refund the illegal income and return the corresponding victims.

Typical meaning

This case is a typical case of using telecommunications fraud in the Beijing Court to carry out the use of telecommunications fraud in the special operation of pension fraud. Huang Moumou and others made illegal interests and contacted the elderly groups with collectibles through calls. They lied that their company was a partner of a well -known art website. The illusion enables the victims to purchase specific collections or commission them to sell them online. After the logistics company and delivery personnel are delivered to the collection and collecting fees, the "listing fees" and collection fees paid by the victims are illegal. In this case, a number of criminals cooperate with each other, layers of layers, and set up sets of sets. Use telecommunications network technology to accurately lock the criminal targets as elderly people with corresponding hobbies and needs. Remote and non -contact fraud have increased the difficulty of investigating crimes and fixed evidence by judicial organs. The court reminded that the elderly should beware of the use of telecommunications network fraud conducted by collectibles, rationally judging the value of collectibles, strengthening their understanding of the investment channels of collectibles, do not trust strange calls, and avoid caught in a scam trap set up in criminals.

Case 2

Gao Moumou and others fraud cases

——The Intermediate People's Court to render jurisdiction over jurisdiction over the trial of pension fraud

Basic case

The defendant Gao Moumou, male, Han nationality, was born on February 27, 1989.

The identity of the other defendants is slightly.

From July 2018 to July 2020, the defendant Gao Moumou, Wang Moumou, Zhang Moumou, and others in Dongcheng District, Chaoyang District, Beijing, and in the name of 4 companies such as a auction company in Beijing to call the victim The phone, fiction can help victims to take the facts such as high -priced collection of collectibles, invite the victims to the company, and then deceive more than 300 victim's money for more than 1,400 million yuan in the name of commission commission, auction service fee, auction margin, etc. During the trial stage of this case, the relatives of the five defendants such as Gao Moumou actively took the initiative to refund some of the stolen money, recovering some economic losses of the victims.

Referee result

In this case, the Beijing Second Intermediate People's Court was the first instance. Nine defendants did not appeal after the sentence was sentenced. The public prosecution agency did not file a protest.

The court believes that the defendant Gao Moumou and other nine defendants have the same as others. For the purpose of illegal possession, fictional facts, concealing the truth, and deceiving others' money, their actions have constituted a crime of fraud, and they should be punished according to law. Gao Moumou and other 6 people have a huge amount of fraud, and Zhang Moumou and other three people have a huge amount of fraud. Accordingly, Gao Mou was sentenced to fifteen years in prison for fraud, deprived of political rights for three years, and fined 150,000 yuan. The month is not waiting for the punishment, and the political rights and fines are deprived of; (Other judgment slightly) typical meaning

This case is the first jurisdiction of the city's first pension fraud in the city's special operation of the Beijing Court to fight for the special action of pension fraud. The Beijing Second Intermediate People's Court combined with the pilot reform of the functional positioning of the audit level. When investigating the case of the district, it was found that the amount involved in the pension fraud case was particularly huge, and the number of victims was large. Article 4 of the "Implementation Measures for Improving the Pilot Reform of the Fourth Court of Fourth Courts" decided to re -jurisdiction over the case. At the same time, the Beijing Second Intermediate People's Court strictly implemented the special action requirements, and opened the green channel for the full process of the case of the case of pension fraud. Fully show the people's court's determination and confidence in the strict punishment of the elderly fraud. In addition, after the case of combating special campaign to rectifying pension fraud, the city's first case for the retirement fraud case applied to the review of the seven -person recreational packets, give full play to the advantages of people's jurors to be familiar with social sentiment and social experience, and ensure the political effects of the case, legal effects, legal legal effects, legal legal effects, legal legal effects, legal legal effects, law The unity of effect and social effect.

Case II

Xu Moumou and others fraudulent cases

—— Implement the criminal policy of lenients and strictness, and punish criminals of pension fraud in accordance with the law

Basic case

The defendant Xu Moumou, male, was born on November 6, 1988.

The identity of the other defendants is slightly.

From June 2020 to May 2021, the defendants Xu Moumou, Bai Moumou, and others recruited the defendant Chang Mou and other telephone sales staff in the name of a business company, and provided them with customer information and fictional products Effective words. When the telephone sales staff contacted the victim, the false name was used, and the instructor of the Diabetes Research Institute was lied to sell a series of products such as "Ge Hong and Tangan" to the victim according to the content of the words. A total of more than 3.3 million yuan in money. After the incident, the judicial organs promptly preservation of property, and requested the defendant to actively refund the stolen and refund the claims in accordance with the conviction and confession.

Referee result

The case was first trial of the People's Court of Fengtai District, Beijing, and the second intermediate people's court in Beijing's second instance ruled that the original sentence was maintained. The judgment has been legal effect.

The court believes that 14 people such as the defendant Xu Moumou used telecommunications technical means to use telecommunications technical means, fictional facts, concealing the truth, and deceiving others' property. The amount of scams of the seven people was particularly huge, and the amount of 7 people such as Changmou was huge. Based on the facts and nature of the crime of this case, the defendants' status role in the joint crime, confession and confession, and refund illegal income, etc., sentenced Xu to eleven years in prison, deprived of political rights for two years, and fined 10 yuan for RMB 10 10,000 yuan; the sentence of Bai Mou for ten years, deprived of political rights for two years, and fined 100,000 yuan; And fines, the case of six of them is lighter, regretful performance, and actively refund the probation.

Typical meaning

This case is a typical case of the Beijing Court's special operation in the special operation of pension fraud. The nature of crimes of pension fraud cases is bad, the objects of infringement are special, the social harm is great, and the legitimate rights that seriously violate the elderly and punish them in accordance with the law. For the main criminals Xu Moumou and Bai Moumou in the common crime, although the two have the width circumstances of refunding the stolen and refund, confession and confession, they have been grasped strictly from the width. A fixed -term imprisonment. For the criminal punishment of the crime and the active refund of the stolen and refund claims in the common crime, the defendant who is lighter to the crime is lighter and the possibility of the crime is less likely to apply the probation according to law. The punishment of each defendant in this case not only achieved the overall punishment, but also achieved the width and width of strictness. While the people's court strictly implemented the criminal policy of leniency and strictness, the entire process of the disposal of the pursuit of the pursuit of the pursuit of the pursuit of the pursuit was strongly deterred, and the maximum rights of the elderly would be safeguarded by the elderly.

Case 4

Cui Mou, Huang Moumou's fund -raising fraud case

——Plip full efforts to pursue losses and protect the legitimate rights and interests of the elderly

Basic case

The defendant Cui, female, Han nationality, born on August 4, 1969.

The defendant Huang Moumou, male, Han nationality, was born on September 26, 1968.

From June 2018 to February 2019, the defendant Cui Mou and Huang Moumou, fictional identity and "love for the elderly and benefiting the people" project, can get large returns as bait with small investment, illegally organize Sun Moumou and others For the establishment of a team in many places across the country, through WeChat groups and word -of -mouth, public publicity is publicly promoted to unspecular personnel. They lied that as long as the investment ranges from RMB 1,000 to 20,000, the number of investors reaches 50,000, and they can get it. Investment funds 100 to 500 times rebate. The two adopted the aforementioned method to deceive more than 3,000 fund -raising participants for a total of more than 5 million yuan. Cui used the money to use the money to buy wealth management products and individuals. After the incident, the judicial organs frozen and seized the bank accounts under Cui (millions of yuan in deposits) and some items such as cars and computers. Referee result

The case was first trial of the People's Court of Fangshan District of Beijing. The second intermediate people's court in the Beijing Second Intermediate People's Court ruled that the original sentence was maintained.

The court believes that the defendants Cui Mou and Huang Moumou used illegal possession to use fraud methods to illegally raise funds, and the amount was huge. His behavior has constituted a crime of fundraising fraud, and he should be punished according to law. Cui Mou and Huang Moumou scammed the money for the elderly and punished the two of them. Based on this, Cui was sentenced to eight years in prison for fund -raising fraud and fined 800,000 yuan; The economic losses of the participants of each fundraising were refunded; the deposit in the bank account of Cui, who was frozen, was returned to the fund in the bank account. (Other judgments)

Typical meaning

This case is a typical case of the Beijing court's full pursuit of stolenism in the special operation of combating the special action of pension fraud. The Beijing Court insisted on the top priority of pursuing pursuit and losses as a special action. It should be chased, retired, and compensated to minimize the economic losses of the victims. Cui Mou and Huang used false identity information to respond to the banner of national policies, fictional investment projects, use huge returns as bait, deceive the elderly to invest, transfer funds later, cover up the nature of funds payment. The people's court started from the general laws of the flow of criminal funds involved in public types. Through communication with the public security organs and procuratorial organs, the circulation of fund -raising funds was fully checked, and the assets involved in the case were seized, seized, and frozen, so that criminals were concealed, and criminals were concealed, and criminals were concealed, and criminals were concealed, and criminals were concealed. The plan to transfer property to the failure to ensure the full coverage of the victim's economic losses after the realization of the assets of the case, properly resolved the contradiction between the people involved in stability, and maximized the legitimate rights and interests of the elderly.

Case 5

Chi Moumou and others fraud cases

——Broster extension of judicial functions and participate in comprehensive social governance

Basic case

The defendant Chi Moumou, male, Han nationality, was born on February 4, 1986.

The identity of the other defendants is slightly.

From April 2019 to July 2020, 10 people including Chi Mou and Bian Moumou under the organization of Gao Moumou, in the name of a auction company and a trading company, lied that they could help the elderly to handle high -priced auctions for high -priced auctions. Matters such as food stamps, old versions of RMB, calligraphy and painting, etc., invite the other party to discuss by calling, sending text messages, issuing leaflets, etc., using pretending to be appraisers, third -party buyers, and forging remittance vouchers and other means The value of the collectibles is high and the illusion of being purchased by multiple people. Later, the auction collection needs to pay commissions, margins, service fees, tariffs, transportation fees and other names to make many elderly people deceive. Chi Moumou and others deceived more than 30 yuan for more than 30 victims in Dongcheng District, Chaoyang District and other places in Beijing.

Referee result

The case was first trial of the Beijing Dongcheng District People's Court. After the sentence was sentenced, 10 defendants did not appeal. The public prosecution agency did not filed a protest.

The court believes that the defendant Chi Moumou and others for the purpose of illegal possession, and the people and others deceived the property of the victims through the means of fictional facts and concealing the truth. The behavior had constituted a crime of fraud, and the punishment should be punished according to law. Among them, Chi Moumou and other three people had a huge amount of fraud, and the number of 7 people such as Bian Moumou was large. Chi Moumou and others set up bureaus to scam the elderly property and punish them strictly according to law. Based on this, 10 people including Chi Moumou and other 10 people in accordance with the crime of fraud were sentenced to two years, three to ten months in prison, and fined; ordered the defendant to refund the victim's economic losses; it was forbidden to Chi Moumou and other 8 people. The date of the punishment was completed within three years from the date of parole, and Xue Mou and other two people were engaged in financial sales and related activities for the elderly during the probation test period.

In response to the loopholes of the company's illegal operations and illegal duration, the court issued two judicial proposals to the administrative department, proposed to improve the normalized regulatory mechanism and establish a blacklist of employment. The judicial suggestion was adopted by relevant units. At the same time, the court and the procuratorate and the administrative organs held a joint supervision of the auction industry to establish and improve long -term working mechanisms such as criminal information, data interoperability sharing, and two -way transfer of clues.

Typical meaning

This case is a typical case of actively participating in comprehensive social governance in the Beijing Court to fight for the special action of pension fraud. In recent years, criminals have obtained legal coats through registered shell companies and applied for auction business licenses to help the elderly pay various fees on the grounds of helping high -priced auction collections. The order of the market economy. During the trial, the court found that the auction company involved in the case was not revoked, and the approval certificate of the auction business was not recovered. In addition, the problems of industry supervision issues such as the collection of collectibles for the collection of collectibles, and the withdrawal review of the collection market are urgent. In response to the industry management vulnerabilities found in the trial, the court actively extended the trial function. By sending judicial proposal to the business department, market supervision and management department and other units, it promoted relevant units to block the construction and comprehensive governance, and carry out annual verification of the auction enterprises in the jurisdiction. The investigation of hidden risks has achieved a good effect of handling a case and governing. Edit: Yao Rihui

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