Before the land acquisition, the "grabbing" trees received 4.82 million, and the two farmers were sentenced to up to 11 years in prison. The court responded

The government land demolition, and before the government issued an announcement, farmers planted some economic value seedlings to get compensation. Does such behavior constitute fraud?

In June of this year, the two villagers of Dafuyu Village, Badaling Town, Yanqing District, Beijing were accused of deceiving the land acquisition of the Land in the Mainland in the field of green construction project around the Xingyan Expressway, Yanchong Expressway, and the 2019 Beijing World Horticultural Expo. Compensation funds, or jointly rent the land of villagers in the same village, grabbing white leather pine, oil pine and other trees with high economic value, pretending to be native trees, and deceived more than 6 million yuan in compensation for demolition.

During the trial of this case, the two parties confronted fiercely. The two -person defense lawyer proposed that the above -mentioned projects have two projects that have not issued land acquisition announcements. The crime of fraud.

However, this opinion was not accepted by the court, saying that the legal significance of the announcement lies in administrative notification. In practice, the public can judge the scope of land acquisition occupation based on the general daily experience of the public. Grabbing, to seek high compensation, "In the case, the two subjectively had the direct intention of fraud."

On September 20, the Yanqing District Court made a first trial of judgment. The two of them were sentenced to 11 years, six months, six months and ten months, and the victim unit lost more than 4.82 million yuan. At present, one of the families of the parties has expressed their appeal.

Case retrospective:

Villagers' relocation was supplemented by 4.82 million yuan

The crime of being sentenced to fraud in the first instance

Dafang Village is about 8.7 kilometers south of Yanqing City, about 70 kilometers from the center of Beijing.

According to the materials, from the end of 2014 to the beginning of 2015, the Xingyan Expressway has entered the planning and preparatory construction stage, and the Dafang Village was included in the scope of land acquisition and demolition. The scope was included in the scope of land acquisition planning.

Xinhua News Agency reported at the end of 2018 that the Xingyan Expressway was recently served in the 2019 Yanqing World Garden, which is connected with Yanchong high -speed in the long term. It provides traffic protection for the 2022 Winter Olympics and forms a high -speed channel for the northwest of Beijing Essence

↑ The map shows that high -speed toll stations are located in Dafu Tuo Village

Although the government had not officially issued an announcement at that time, the news of the reconstruction of high -speed land acquisition had been transmitted to the village, and some villagers in some villages in Badaling Town, Yanqing District began to plant trees.

The first instance judgment showed that the court found out that from 2014 to 2017, the defendants Song Mouliang, Ji Mouqiang, Ji Mouniu (handled by another case) were to deceive Xingyan Expressway, Yanchong Highway, and 2019 Beijing World Horticultural Expo. Greening construction projects are required to land compensation in the field of land, and they or jointly rent the land of villagers in the same village, grabbing white leather pine, oil pine and other trees with high economic value, and pretending to be native trees. The defendant Ji Mouqiang participated in the fraudulent compensation case for a total of RMB 1.95965 million.

The court believes that the defendant Song Mouliang alone or the defendant Ji Mouqiang for the purpose of illegal possession, concealing the facts of the trees on the ground to grab the plant, deceived the land compensation, the amount is particularly huge, and his behavior has constituted a crime of fraud.

Based on the facts, nature, plot, and social harm of the two people, in accordance with my country's "Criminal Law" and "Criminal Procedure Law", the Yanqing District Court ruled that the defendant Song Mouliang crime of fraud and sentenced to 11 years and six months in prison. , And fined 120,000 yuan, deprived of political rights for 2 years; Ji Mouqiang committed fraud, sentenced to six years in prison for six years, and fined 70,000 yuan.

At the same time, the court ordered Song Mouliang to refund RMB 28.665 million to repay Beijing Capital Highway Development Group Co., Ltd. and Beijing World Garden Investment Development Co., Ltd.; Song Mouliang and Ji Mouqiang refunded RMB 1.95965 million to send back to Beijing to return Beijing Xingyan Expressway Co., Ltd. and Beijing Capital Highway Development Group Co., Ltd..

↑ The first trial judgment

According to public information, for the same reason, the Yanqing District Court also previously ruled that Peng Moumou, Peng, Li Mou and other three people were convicted of fraud, and they were sentenced to three people in prison ranging from 12 to 11 years. The amount involved in the three was more than 10 million yuan.

Focus on the trial:

The government issued a tree before the announcement

Whether it constitutes "grabbing and grabbing"

Red Star reporter noticed that in the face of the allegations of the public prosecution agency, Song Mouliang argued that there was no fictional facts, nor did he grabbing the seeds; Ji Mouqiang pleaded guilty and had no objection.

Song Mouliang's defenders proposed that according to the guidance of the Ministry of Land and Resources, the compensation and resettlement methods for land acquisition land acquisition for construction land, the government informed or announced the date of the announcement. Song Mouliang did not grab planting. Public announcement.

"According to Article 47 of the Land Management Law of the People's Republic of China, the announcement of the announcement scope, the current status of the land, and the purpose of the collection is the government's obligation. The adverse consequences caused by the announcement should not be borne by the people. Even if the government does not issue an announcement, it should be discouraged or stopped when the villagers are planted. " What kind of tree is planted. "

Song Mouliang's defender also proposed that the parties did not have the intention to occupy illegal possession, they did not know the area, the route, and did not implement the behavior of intentional concealment and fictional facts. Establish administrative violations. Ji Mouqiang's defender raised similar defense opinions. In this regard, the Yanqing District Court believes that, on the one hand, the defendants Song Mouliang and Ji Mouqiang rented the land of others and agreed to divide it after obtaining compensation. The behavior is fully in line with the essential characteristics of fraud, and it has serious social danger.

On the other hand, although the announcement is an important part of major construction projects, its legal significance lies in administrative notifications to ensure that the public knows the right to know related construction projects and is also an important time factor to define the scope of related demolition compensation. However, in practice, before the construction of major projects, survey, punching and other work will be carried out within the scope of the landed land, and the public can fully judge the scope of land acquisition occupation based on the general daily experience, and even accurately judge the relevant routes accurately Go towards, and then start grabbing seedlings and grabbing seedlings in order to obtain high compensation.

The Yanqing District Court believes that in this case, the evidence of the case can be confirmed that the defendant Song Mouliang, Ji Mouqiang and others can judge The engineering route trends, clearly aware of the scope of demolition, this matter must be compensated by grabbing and grabbing. In fact, it has indeed received huge compensation. It has a clear awareness of illegality. Direct intention. Therefore, the defense opinion of the defendant Song Mouliang and the relevant defense opinions made by the defender of the second reporter were not adopted by the court. Song Mouliang is currently appealed.

Red Star News reporter Li Wentao

Responsible editor Deng Yiguang Intern editor Zhu Jieying

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