Sell collections at high prices?Small investment?Beijing released a typical case of pension fraud

Zhongxin Jingwei, September 27. According to the WeChat Signal of "Beijing Fa" on the 27th, the Beijing High People's Court released a typical case of five pension fraud crimes.

Case 1: 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.

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 judgments)

Case 3: Xu Moumou and others fraud 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.

Case 4: Cui Mou, Huang Moumou raised funds for funding fraud cases

——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 (there were 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)

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. (Zhongxin Jingwei APP)

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