"Spending money to do things" is unreliable, the judge reminded "Don't get caught
□ Our reporter Zhang Xuehong
"You can enter a key elementary school with money, and you cannot get a full refund." "There are ways to find a job, and the registration and license plate are all resolved." "Lead the people around you and have the resources to divide the internal house." ... In life, many people will hear this statement , I want to take a shortcut by "spending money to do things", but the end is often that things are not done and the money is gone.
Recently, the People's Court of Xicheng District, Beijing released typical cases of criminal fraud in hot areas, warning everyone to live down to earth, refrain from greedy shortcuts, and avoid being deceived.
The trust relationship sends the baby to a prestigious school
Stuck in the quagmire and deceived 300,000
Children's schooling is an important event for every family, and it is also true for Ms. Zhang, who lives in Dongcheng District, Beijing.
Since her child is about to go to elementary school, in order to let her "win at the starting line", Ms. Zhang has made many inquiries and wants to send her child to a "prestigious school."
In May 2019, Ms. Zhang met Zhao on an educational information and resource sharing platform.
Zhao claimed that he had the sponsorship index of a key elementary school in Xicheng District, and the condition was that he had to pay 300,000 yuan in consultation fees first, and then 400,000 yuan after the completion.
Ms. Zhang was eager to study for her children and believed Zhao without much thought.
On May 31 of the same year, Ms. Zhang and her husband signed an "Educational Information Consultation Agreement" with Zhao in a coffee shop in Xicheng District.
Zhao promised that if Ms. Zhang’s child fails to enroll in school, the fees will be refunded within 5 days.
After signing the contract, Ms. Zhang paid Zhao a 300,000 yuan via bank transfer.
After that, she asked Zhao about the progress through WeChat from time to time. Zhao said that everything went well and she was relieved.
At the end of August 2019, Zhao told Ms. Zhang that because the indicators were too tight, the relationship he had previously looked for could not be handled, and the newly-appointed handler was "off the road" again, but Ms. Zhang would definitely be refunded in full.
However, there was no news after Zhao transferred 10,000 yuan to Ms. Zhang.
Ms. Zhang, who realized that she had been deceived, immediately reported the case to the public security organ, and Zhao returned Ms. Zhang 110,000 yuan after arriving.
After investigation, Zhao only consulted others about this matter, and did not have the ability to apply for enrollment, but used all the money to return credit card debts and daily consumption.
In the end, the defendant Zhao was sentenced to three years and two months in prison for the crime of fraud and was fined 30,000 yuan by the Xicheng District People’s Court; the defendant Zhao was ordered to return 180,000 yuan.
Zhang Yan, deputy chief of the Criminal Division of Xicheng Court, said that Ms. Zhang and Zhao met through a certain educational information and resource sharing platform, which does not require users to provide true identity information, let alone bind with identity documents.
In this case, Ms. Zhang could not determine the identity of the other party.
Zhang Yan reminded the parents of students not to trust anyone who has no real and substantiated promise. Once the other party loses contact and "runs away", there is nowhere to find it.
In this case, although Ms. Zhang has a certain degree of anti-fraud and anti-fraud awareness, she not only signed an "Educational Information Consultation Agreement" with Zhao, but also followed up the progress of the matter through WeChat and telephone, but she was eventually deceived.
The prospective daughter-in-law says there is an internal room
Eleven years in prison for house fraud
In January 2016, Ms. Xiao’s son Wang and Shen met, and the two soon developed a relationship between lovers and began to talk about marriage.
Shen claims to work in a state-owned enterprise and is a "leader's personal driver". Because of the appreciation of the leader, he can be allocated a unit of welfare housing. When the house comes down, he will get married with Wang.
Ms. Xiao immediately began to actively raise funds to buy a house.
To please Ms. Xiao, Shen said that Ms. Xiao’s name should be written when applying for the property rights certificate of the house, and the copy of Ms. Xiao’s ID card and ID photos should be taken away.
Ms. Hou Xiao successively transferred a total of 760,000 yuan to Shen according to the time node proposed by Shen.
In May 2017, Shen suddenly told Ms. Xiao anxiously that she must pay more than 100,000 yuan for the house immediately, otherwise the house would not be able to buy.
Wang immediately sold his car and transferred 90,000 yuan for the car to Shen. However, Shen rarely showed up afterwards and found various reasons to avoid buying a house.
In July 2018, Shen said that the house had been bought and entrusted a colleague to give the keys to Ms. Xiao.
After Ms. Xiao got the key and asked the address of the new house, Shen hesitated.
Ms. Xiao knew that she had been cheated, so she called the police.
After investigation, Shen had used the fraudulent funds to return usury and daily consumption, and was unable to repay the victim, Ms. Xiao.
In the end, the Xicheng Court sentenced the defendant Shen to 11 years’ imprisonment for fraud, two years of deprivation of political rights, and a fine of 110,000 yuan; and ordered the defendant Shen to refund Ms. Xiao 850,000 yuan.
The law officer said that Shen was able to succeed because on the one hand, Ms. Xiao had regarded Shen as her prospective daughter-in-law, and she believed in her. She lost her defense under the double temptation of marrying a wife and buying a house; On the one hand, because Shen used the seductive and mysterious identity of “leadership”, and the blessing of “organization internal indicators” and “unit benefits”, he easily gained the trust of the victims.
The judge reminded that people should abandon bad social habits such as trusting relationships and going through the back door, handle affairs in accordance with laws and regulations through legitimate channels, and fulfill their demands in a reasonable and legal manner.
Trust a friend to invest
Million original shares are in vain
In October 2014, Lin, who claimed to be engaged in film production, lied to Dou that a well-known real estate company was always his acquaintance, and that the real estate company recently had a Hong Kong stock to be listed, and he could get “original shares” worth 10 million yuan. , Can be distributed to friends to buy.
Dou immediately called Ms. Hu, a friend who was an executive in a technology company, and asked if she was interested in buying.
Ms. Hu thought that her friend Dou was a reliable person, so she decided not to hesitate to buy the original shares of the real estate company with 1 million yuan.
On November 5 of the same year, Ms. Hu unilaterally signed the "Entrusted Investment Agreement" in Dou's office, entrusting Lin Mou to purchase the original shares of the real estate company on his behalf, and remitted 1 million yuan into the account designated by Lin Mou. Dou gave the agreement to Lin.
After the agreement was signed, there was no contact between Ms. Hu and Lin.
In December 2014, the real estate company was listed on the Hong Kong stock market, Dou urged Lin to transfer the original shares purchased by Ms. Hu to his name as agreed in the agreement.
Lin Mou shied away again and falsely claimed that he had gone through the relevant procedures through a foreign business partner, but he has passed away from illness and is currently unable to handle it.
Ms. Hu felt cheated and immediately reported the crime.
After investigation, from the establishment of the real estate company to December 2014, there was no situation in which a foreign person held the company's shares as a company shareholder, and Lin had squandered the money obtained by fraud.
In the end, the defendant Lin was sentenced to eleven years in prison for the crime of fraud, deprived of political rights for two years, and fined 110,000 yuan, and was ordered to refund the 1 million yuan from the fraud.
The judge said after the court that the victim, Ms. Hu, as a senior executive of a technology company, should have certain experience in social interaction and anti-fraud and anti-fraud awareness. The temptation to generate high returns is ultimately deceived.
The judge reminded that you should stay awake in the face of temptation, calmly analyze investment projects that claim to have high returns, think twice, and don't replace personal verification and prudent decision-making with personal bonds, so as to give criminals an opportunity.
Lied to be able to handle the Kyoto Kyo card
Fraud more than two million in four years
Beijing citizen Tang found that in recent years, many friends from other places wanted to have a Beijing hukou, but they couldn’t ask for it, so she got a crooked mind: she used some of the recruitment information she saw in the WeChat circle of friends, such as "a position + Beijing hukou + Dormitory, college degree or above, under 29 years of age, two places, 6 months after becoming a fuller account, "post your account" and other content to your circle of friends, and spread the news that you can apply for Beijing account in multiple social groups.
Someone asked Tang to ask, and Tang lied that he had relatives or friends in the public security department who could help with this.
If the other party wants to do it, she signs a contract with the other party, charging a fee ranging from 100,000 to 200,000 yuan for each account, and promises not to get a refund.
In this way, Tang has signed agreements with more than 20 people, some of whom were deceived were acquaintances, and some met through introductions by friends.
After tasting the sweetness, Tang also lied that he could apply for a Beijing license plate and signed a contract with the other party, leaving a copy of his ID card and other information to gain the other party's trust.
After the lie was discovered, many people asked Tang to refund the money, and Tang sold his mobile phone, thinking that no one could find him without using the mobile phone.
After the case was brought to the court, the Xicheng Court found after hearing that from 2014 to 2018, Tang made a fictitious fact that he could apply for Beijing Hukou and Beijing's passenger car quota, and defrauded a total of 2.335 million yuan.
Before the incident, Tang repaid a total of 183,800 yuan, and the others were unable to repay.
In the end, the defendant Tang was sentenced to twelve years in prison for the crime of fraud, deprived of political rights for two years, and fined 120,000 yuan, and was ordered to refund 2,812,000 yuan.
According to the law enforcement officer, the defendant Tang used the talent introduction policy as a gimmick, and committed fraud with foreigners eager to settle in Beijing, using his true identity information throughout the fraud.
Victims tend to relax their vigilance towards acquaintances and "people who have seen his ID card."
As everyone knows, neither human relationship nor true identity can prevent criminals from deceiving.
Many victims believe that signing a written agreement is a legal guarantee. In fact, this type of agreement lacks the requirements for true meaning, harms public interests, and violates the mandatory provisions of laws and administrative regulations. It should be an invalid contract and not legally binding. .
Criminal law related regulations
Article 266 Whoever defrauds public or private property with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine; if the amount is huge or there are other serious circumstances, the punishment shall be not less than three years but not more than 10 years. Fixed-term imprisonment and a fine; if the amount is particularly large or there are other particularly serious circumstances, the sentence is to fixed-term imprisonment of more than ten years or life imprisonment, and a fine or confiscation of property.
If this law provides otherwise, follow the regulations.
Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Anyone who defrauds public or private property with a value of 3,000 yuan to 10,000 yuan or more, 30,000 yuan to 100,000 yuan or more, or 500,000 yuan or more shall be deemed as the "larger amount in the criminal law "The amount is huge" and "the amount is extremely huge."
Lao Hu Comments
In recent years, due to the shortage of high-quality educational resources, the difficulty of finding ideal jobs, the rare hukou and license plates of individual large cities, and the high housing prices, some fraudsters have used this as a pretext, claiming that just giving money can help others obtain various benefits. This kind of scarce opportunities and resources, wantonly defraud others of money.
The reason why this kind of scam has been able to succeed is that on the one hand, people’s concept and ability to prevent fraud and anti-fraud needs to be further improved, on the other hand, it also shows that the procedures and methods of some departments are not open and transparent, and individual departments and units are in short supply of opportunities and In the allocation of resources, there is still an unhealthy trend of relying on relationships and opening back doors.
The existence of various factors has given fraudsters an opportunity.
Therefore, first of all, we should further increase publicity and education, be good at using multiple forms and various media, and timely expose the frauds and tricks constantly updated by fraudsters, so that people can always tighten the string of anti-fraud and anti-fraud in their minds.
Secondly, both government departments and enterprises and institutions should further enhance the transparency of their affairs, especially in the allocation of scarce opportunities and resources. They should further improve and improve the system, strengthen restrictions and supervision, block back doors, and guard against good friends and relatives. The procedures and results are more open, fair and just, and the soil for fraudsters to be completely eliminated.
Hu Yong