Guangdong court issued a typical case of cracking down on pension fraud, "senior appraisers" maliciously overestimated collections and cheated high commission fees to "help" auction
Yesterday, the Higher People's Court of Guangdong Province released a batch of typical cases of cracking down on pension fraud.
Among them, there are 4 criminal cases and 1 civil case, including strictly cracking down and rectifying illegal and criminal acts of defrauding the elderly under the guise of investment projects, insurance agency, online wealth management, auction collections, sales of health care products, etc. Give full play to the role of the judiciary, severely punish pension fraud in accordance with the law, and make every effort to protect the "pension money" of the common people.
Text/Chen Kangxiu and Wang Yuling, correspondents of the Guangzhou Daily All-Media Reporter Charter
Case number one:
Severely punished in the name of investment projects
crime of defrauding the elderly
From June to September 2017, the defendant Zhuo Moumou and others falsely claimed that they invested in the equity of Zhouzhuo Tourism Company and other companies in the name of investing in the equity of Zhouzhuo Tourism Company and other companies. With a high rate of return of 18% to 24% per annum, and by obtaining equity and other means to promote investment to the elderly, a total of 9.936 million yuan was defrauded from 255 victims, resulting in an actual economic loss of 9.086 million yuan for the victims.
After Zhuo Moumou and others received the fund-raising funds, they absconded with the funds.
The first instance of the Intermediate People's Court of Meizhou City held that the defendant Zhuo Moumou and others used the method of falsifying facts and concealing the truth to illegally raise funds from the public for the purpose of illegal possession, and their actions constituted the crime of fundraising fraud.
In the joint crime, Zhuo Moumou is the principal offender who plays the role of organizing and planning, and should be punished according to all the crimes he participated in or organized and directed; the other four defendants are accessory offenders.
Therefore, Zhuo Moumou was sentenced to 15 years in prison, fined, and deprived of political rights for four years for the crime of fundraising fraud; the remaining four defendants were sentenced to four years and six months to three years in prison, and fined; Repay all victims.
The Guangdong Provincial Higher People's Court ruled in the second instance to uphold the original judgment.
typical meaning
This case is a criminal case of fundraising fraud for the elderly. The criminals take advantage of the weak identification and prevention awareness of the elderly, and through fictitious eco-tourism projects, promise high returns to lure the elderly to participate in investment, causing serious damage to many elderly people. Economic losses and bad social impacts.
The people's court severely punished the criminals involved in the case in accordance with the law, demonstrating its firm determination and attitude to crack down on the crime of pension fund-raising fraud and protect the legitimate rights and interests of the elderly to the greatest extent possible.
Case 2:
Severely crack down on fraud crimes under the guise of agency pension insurance
From May 2016 to August 2019, the defendant He Moumou and others lied that they could purchase endowment insurance on their behalf, charged the victim Yang Moumou 45,000 yuan for social insurance, and asked Yang Moumou to introduce several relatives and friends to find He Moumou. Social security agency.
Through the above methods, 48 victims were defrauded of 1.704 million yuan, of which 1.328 million yuan was used by He Moumou for personal investment, operation and daily expenses.
The effective judgment of the Jiangcheng District People's Court in Yangjiang City held that the defendant He Moumou ignored national laws and defrauded other people's property. The amount was particularly huge, and his behavior constituted a crime of fraud.
He Moumou has repeatedly defrauded the property of the elderly and will be severely punished as appropriate.
He Moumou voluntarily and truthfully confesses his crime, admits the facts of the alleged crime, is willing to accept punishment, and can be dealt with leniently.
Therefore, He Moumou was sentenced to 11 years in prison and fined for the crime of fraud; He Moumou was ordered to refund all the amount of the fraud to the victim.
typical meaning
Taking advantage of the fact that the elderly attach great importance to old-age insurance and urgently go through social security procedures, criminals use means such as purchasing fake documents and transferring money to victims every month under the guise of providing old-age insurance on their behalf to carefully design old-age scams and defraud the elderly for many times. It has caused significant economic losses and seriously affected the physical and mental health of the elderly.
The people's court severely cracked down on the crime of fraud under the guise of acting as an agent for endowment insurance in accordance with the law, and safeguarded the legitimate rights and interests of the elderly with practical actions.
Case three:
Severely punished under the guise of high-priced auction collections
crime of defrauding the elderly
Defendant Liao Moumou successively established Yiyuan Company and Wanshang Company in Xiangzhou District, Zhuhai City in 2017 and 2019, and attracted many elderly people by leasing high-end office buildings as office space, compiling textbooks on "talk skills", and telemarketing. Bring the collection to the company's entrusted auction; and fabricate the fact that the company has a high-end consumer customer base, a high transaction rate, and sends the collection to domestic and overseas exhibitions and auctions, and arranges employees to act as so-called "senior appraisers" for each other, maliciously overestimating the value of the collection. Signed an entrustment contract, charged a large number of victims with high fees in the name of entrusting exhibition service fees, and defrauded 32 elderly people and other victims with a total of 6.398 million yuan of property.
The effective judgment of the People's Court of Xiangzhou District, Zhuhai City held that the defendant, Liao Moumou, for the purpose of illegal possession, defrauded the other party's property in the process of signing and performing the contract. The amount was particularly huge, and his behavior constituted the crime of contract fraud.
Liao Moumou has surrendered plot.
Therefore, Liao Moumou was sentenced to 12 years in prison for contract fraud and fined; he was ordered to refund the victim's losses.
typical meaning
Most of the elderly do not have the professional knowledge to identify the value of collectibles, nor do they understand the relevant rules of the auction industry, so they are easy to become victims of auction fraud crimes.
After the defendant in this case gained the trust of the elderly by leasing high-end office space, falsifying facts, etc., he committed fraud in the name of auction, causing the elderly to suffer heavy economic losses and being severely punished by law in accordance with the law. The firm determination to defraud the elderly and vigorously safeguard the legitimate rights and interests of the elderly.