The elderly are the accumulated experience and valuable wealth of social development, and realizing the old, the old, the old, the happy, and the old is increasingly becoming the common goal of the whole society.
However, in recent years, some lawbreakers have been eyeing the elderly group and using various means to commit pension fraud, which not only violates the traditional Chinese virtue of respecting the elderly, but also violates the criminal law and should be severely punished by the law.
Since the launch of the national special campaign to crack down on old-age fraud, political and legal organs have attacked all kinds of fraud crimes that violate the legitimate rights and interests of the elderly through lobbying, fraud and other means, aiming to allow the elderly to enjoy their old age and stay away from scams.
Recently, the Beijing court system has focused on a number of cases involving pension fraud. While severely punishing criminals, the elderly are reminded not to believe in all kinds of free traps, and they should think more and ask more before investing or purchasing goods and services. Children and the whole society should also further care for the lives of the elderly, and jointly build a solid line of defense against pension fraud.
Anti-cancer gimmicks induce consumption
Confusion concept constitutes a scam
Can autologous immune cell reinfusion prevent cancer?
Beware, this could be a scam stunt.
Recently, the Beijing No. 1 Intermediate People's Court heard such a case of defrauding the elderly. The defendant Xiao and others pretended to be hospital staff and induced 6 elderly people to purchase and carry out the cell reinfusion project, and defrauded a total of 696,500 yuan. was found by the court to constitute fraud.
From April to August 2018, Xiao and others aimed at the elderly, and attracted victims to visit and experience the scene through phone calls, car pick-ups, free health checks, etc., and then held a lecture, claiming that cell transfusion can Increases immunity, has anti-cancer and anti-cancer effects, cell reinfusion is divided into two levels, a large single course of treatment is 58,500 yuan, and a small single course of treatment is 39,800 yuan, causing 6 elderly people to be deceived, among which the eldest victim is 89 years old. The amount amounted to 696,500 yuan.
After the trial, the court of first instance found that Xiao's behavior constituted a crime of fraud, and sentenced him to 10 years in prison, 2 years of deprivation of political rights, a fine of 100,000 yuan, and ordered Xiao to refund the loss to the victim.
After the sentence was pronounced, Xiao refused to accept it and appealed.
After the second instance of the case, the Beijing No. 1 Intermediate Court held that the facts of the case were clear, the evidence was indeed sufficient, the first-instance verdict was appropriate and the trial procedure was legal, so it ruled to reject the appeal and uphold the original verdict.
The judge analyzed that most elderly people have economic strength and strong health needs, but they lack the ability to identify and are easily deceived.
In addition, with the growth of age and the transformation of social roles, the channels for the elderly to receive information have become narrower, and the ability to distinguish information has declined. However, the development of science and technology and the continuous improvement of social living conditions make things change faster. In the era of information explosion, the elderly cannot understand many new things and related policies and regulations in a timely manner, so they lack corresponding awareness of prevention of the changing criminal behavior of criminals.
Regarding the reinfusion of cells, the judge introduced that in June 2015, the former National Health and Family Planning Commission cancelled the approval for the clinical application of the third type of medical technology, and clearly required that the autologous immune cell therapy technology should be implemented in accordance with the relevant regulations of clinical research.
This also shows that autologous immune cell therapy is still in the medical research stage, and whether immune cell reinfusion has therapeutic function is still in the theoretical and research stage.
The cell reinfusion project promoted by criminals with the gimmicks of anti-cancer, anti-cancer and improving immunity is obviously a confusing concept.
The judge reminded that only formal medical institutions that have been reviewed and approved by the health administrative department of the local people's government at or above the county level can engage in diagnosis and treatment activities. mechanism.
When encountering health-related items such as health supplements, free physical examinations, etc., before large-scale consumption, you should think more and ask more, discuss and communicate with young people at home, and do not blindly trust other people's propaganda. , Health administrative departments reflect.
With housing for the elderly, housing for the elderly
Penalties for false advertising
The promised "house for the elderly" eventually turned into "the house and the wealth are empty".
Recently, the Beijing No. 3 Intermediate People's Court heard a case of "house-for-age" fraud. The defendant, Chai, for the purpose of illegal possession, fabricated facts, concealed the truth, and defrauded the elderly's property, the amount was as high as 4 million yuan, and was legally identified as a For the crime of fraud, he was sentenced to 14 years in prison, deprived of political rights for 3 years, and fined 280,000 yuan.
In October 2018, during the period when the defendant, Mr. Chai, promoted the "house-for-age" project of a senior care service company to the victims, Mr. and Mrs. Liu, he guided Mr. and Mrs. Liu to mortgage the house in his own name, in order to show Wang and his wife to Mr. So-and-so borrows money for financial management.
Liu and his wife were deceived by him and mortgaged the two properties under their names to Wang Moumou and Sun Moumou respectively. Fee" 140,000 yuan.
Chai, on the other hand, transferred 4.8599 million yuan of the remaining funds by swiping the card at the POS machine and took it as his own.
The court of first instance held that the above-mentioned behavior of the defendant Chai constituted the crime of fraud.
After the sentence was pronounced, the defendant, Chai Mou, refused to accept the first-instance verdict and appealed.
After the second trial, the Beijing Third Intermediate People's Court found out that according to the bank card transaction details and other evidence involved, the victim's house mortgage loan of more than 4.8 million yuan had been transferred to a bank account under the name of Chai and transferred through online payment.
Chai actually controls and dominates the above-mentioned funds.
Chai had fabricated facts and concealed the truth. The victim fell into a misunderstanding and punished the property involved in the case. Chai’s behavior met the constituent elements of the crime of fraud, so the appeal was dismissed and the original sentence was upheld.
The judge reminded that in recent years, many lawbreakers have carried out false propaganda in the name of "investment for pension" and "housing for pension", tricking the elderly into mortgage of real estate, and then using the borrowed money to buy their recommended wealth management products or directly. Taking it as one's own, its essence is to defraud the people of "old-age money" and infringe on the legitimate rights and interests of the elderly.
The judge reminded that the elderly should keep in mind that investment has risks, and do not believe the so-called "steady profit without loss" and "risk-free, high-yield" propaganda, and should choose a formal institution to buy wealth management products based on their own risk tolerance.
It is recommended that the elderly should discuss with their families more and consult professionals from formal financial institutions before purchasing investment and wealth management products, so as to understand and judge the authenticity and legitimacy of investment activities to prevent fraudulent violations by criminals.
Pension members have hidden mysteries
High returns are a trap
Faced with high returns of 7% to 12%, will you be tempted?
As everyone knows, behind this is a well dug investment trap.
Recently, the People's Court of Fangshan District, Beijing heard a case of illegally absorbing public deposits. The defendant, Zhou Mou, publicly promoted pension membership services in the form of promising high interest rebates, etc., and successively illegally absorbed more than 4.9 million yuan of public deposits, and was sentenced to fixed-term imprisonment of 3 4 months a year.
The court found that Zhou was the director of a pension branch of a head office. Without the relevant qualifications, he rented the premises as a business place, recruited relevant business personnel, distributed leaflets, organized visits, distributed gifts, promised high interest rebates, etc. Publicly promote pension membership services, sign a "booking pension service contract" with the elderly, promise 7% to 12% of the income, absorb funds from the general public, and then transfer the funds to the head office by the accountants. A person takes the basic salary and appropriates the commission proportionally for himself, in order to achieve the purpose of illegal fundraising and profit.
Since then, the capital chain of the head office has broken, resulting in the inability to return the relevant funds to the elderly who participated in the fundraising.
In November 2020, Zhou was arrested by the public security organs and brought to justice.
After the audit, the case involved more than 230 investors and absorbed more than 4.9 million yuan of public deposits.
After hearing the case, the Fangshan District People's Court held that the defendant Zhou, together with other co-accused, violated the national financial management regulations and illegally absorbed public deposits without the approval of the relevant departments. The amount was huge, and his behavior constituted the crime of illegally absorbing public deposits.
In view of the fact that Zhou Mou confessed the main criminal facts truthfully and pleaded guilty and accepted punishment after his arrival, he can be given a lighter punishment according to the law. According to this, the defendant Zhou Mou was sentenced to fixed-term imprisonment of 3 years and 4 months, and a fine; sentenced to continue to recover the illegal income and return the investment people.
The judge reminded that the word "investment" often reminds people that there will be high returns in the future, thus creating an impulse and yearning to invest, but the reality is that "there is no free lunch in the world", "investment is risky" and "high returns are usually It means high risk", especially the elderly should establish a correct investment philosophy.
The market economy has a certain degree of ups and downs and fluctuations. Even if it is a legal investment project, it is difficult to guarantee a steady profit and no loss. The elderly should check whether the subject of the investment is formal and legal before making an investment decision. Participate in investment.
During the investment process, the security of personal information should be mainly protected, and personal and property information such as ID number and bank card number should not be disclosed at will.
At the same time, in the investment process, whether it is the acceptance of the investor's promise or the relevant payment vouchers, etc., it is necessary to leave traces throughout the process, so that in the event of disputes, it can be well documented.
The judge also said that if the recipient of the investor fails to show the formal qualification certificate, and at the same time promises to give a high return beyond the normal interest level, it is likely to be a fraud trap for the elderly to sign a blank contract or not to retain the contract for the investor. The above situation should be avoided in time, so as not to give criminals an opportunity.
Criminal Law
Article 192 Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; if the amount involved is huge or there are other serious circumstances, he shall be sentenced to seven years The above-mentioned fixed-term imprisonment or life imprisonment, in addition to a fine or confiscation of property.
If a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph
Article 266 Whoever defrauds public or private property and the amount involved is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or solely with a fine; if the amount involved is huge or there are other serious circumstances, he shall be sentenced to not less than three years but not more than 10 years Fixed-term imprisonment and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property.
If this Law provides otherwise, the provisions shall be followed.
Interpretation and Relevant Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud
Article 1 Whoever defrauds public or private property worth more than 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be identified as "a relatively large amount" as stipulated in Article 266 of the Criminal Law. ”, “A huge amount”, “A particularly huge amount”.
The higher people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the economic and social development conditions of their respective regions, jointly study and determine the specific amount standards for implementation in their regions within the range of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Our reporter Xu Weilun
Lao Hu's Comments
With the development and progress of social economy and the continuous increase of life expectancy, the proportion of the elderly population in my country is also increasing.
Against this background, the state and all sectors of society have taken multiple and comprehensive measures to increase the intensity of elderly care services.
However, some criminals infringe upon the elderly in the name of providing "elderly care services", carrying out "elderly care medical care", investing in "elderly care projects", selling "elderly care products", claiming "housing for the elderly", and agency "pension insurance". Legitimate rights, defrauding the elderly of money.
Due to the rapid changes in society and the continuous updating of science and technology, some elderly people have insufficient access to information and their ability to identify is weakened. They are easily caught in the traps woven by criminals with lies, resulting in huge losses of property and extreme mental pain, which seriously affects their physical and mental health. , family harmony, bringing a heavy shadow to the elderly life.
Relevant departments should coordinate and cooperate with the acts of committing pension fraud and infringing on the property rights and interests of the elderly, so as to achieve quick detection, quick arrest, quick lawsuit and quick sentence, and severely crack down.
At the same time, grass-roots organizations should carry out extensive and in-depth publicity on fraud prevention and fraud prevention in a way that the elderly can understand and accept, so that fraud prevention knowledge can enter the community, into the square, into the park, into the family, into the brain and heart, and effectively build a solid foundation. The social dam against pension fraud.
Hu Yong