Typical Case
According to statistics, the most typical cases of pension fraud are fraud, contract fraud and illegally absorbing public deposits.
The results of the seventh national census in 2021 show that my country's population aged 60 and above accounts for more than 18%, and the population has reached 264 million.
With the acceleration of the aging process of the population, the aging consumer market has also ushered in vigorous development. The consumption concept of the elderly is being updated, the consumption willingness and ability are also enhanced, and the consumption demand structure has also undergone a transformation from a survival type to a development type.
While the elderly are pursuing a high-quality old age life, criminals also turn their attention to the new field of elderly care for the elderly, resulting in new characteristics of criminal cases of elderly care fraud.
In order to effectively safeguard the legitimate rights and interests of the elderly and ensure the safety and stability of the social environment, the "Special Action to Combat and Remediate Elderly Fraud" led by the Ping An China Construction Coordination Group will be launched nationwide in April 2022.
The Supreme People's Court issued a notice to deploy a special campaign for courts across the country to crack down on pension fraud, and severely punish pension fraud crimes in accordance with the law.
A few days ago, the Beijing Xicheng Court system sorted out the overall situation of pension fraud criminal cases in the past five years, and found that there are eight common types: including "investment and wealth management" scam, "housing for the elderly" scam, "insurance agency" scam, "Wenwan Collection" "Scam, "Health Care" Scam, "Street Superstition" Scam, "Twilight Love" Scam, and "Care and Help" Scam.
Case 1: Supplementary payment to the Social Security Office for retirement, "reliable" acquaintances are not reliable
Mr. Liu used to be a worker in a machine factory in Beijing. He was laid off and unemployed in 1998, so he did not continue to pay social security.
Seeing that he is about to reach the legal retirement age, paying social security and receiving pension has become Mr. Liu's "heart disease".
One day, Mr. Liu chatted with his cousin. The cousin said that he was an accountant of a subordinate center of a state-owned enterprise. He had heard from the center manager Wang that he could help people pay social security, but he needed to charge a certain fee.
After listening to Mr. Liu, he felt that the introduction from his relatives must be "reliable", so he handed over 25,000 yuan to Wang according to Liu's request.
A month later, the cousin told Mr. Liu that Mr. Wang had helped Mr. Liu to complete the social security payment, but after Mr. Liu verified with the social security center, his social security was still in a state of discontinuation.
Mr. Liu asked Wang to return 25,000 yuan, but Wang shied away on the grounds of "restructuring of the leadership team" and "economic disputes between the center and the street", and reassured Mr. Liu that "there is definitely no problem", but later Mr. Liu urged him to apply for social security many times. Or to refund 25,000 yuan, Wang said that it was "under processing" and could not get a refund. Only then did Mr. Liu realize that something was wrong and called the police.
After investigation, Wang defrauded 3 victims for a total of 79,000 yuan on the grounds of paying social insurance premiums through the center. In fact, Wang did not have the conditions and ability to pay social insurance for others. He only passed the center for 3 victims. As an employee, he paid a total of more than 4,000 yuan in social insurance premiums for the last three months, and the remaining 75,000 yuan was used for consumption by Wang.
[The judge's statement]
With the gradual improvement and popularization of my country's social insurance system, the people's awareness of participating in insurance has also been continuously enhanced.
However, some elderly people who are about to or have reached the retirement age cannot receive monthly pensions and reimburse medical expenses due to "uninsured" or "discontinued payment", which will undoubtedly increase a lot of burden on the family.
Criminals take advantage of the elderly's desire to have a secure life in their later years and reduce the burden on their families to commit fraud in the name of "one-time payment of social security premiums".
The crime of fraud stipulated in Article 266 of my country's "Criminal Law" refers to the purpose of illegal possession, the use of fictitious facts or the method of concealing the truth to defraud public and private property. If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; if the amount is particularly large or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and fines or confiscation of property.
This case is a typical "insurance agency" type of fraud, and the amount is relatively large. The court sentenced Wang to one year and six months in prison for fraud, with two years of probation. and a fine of RMB 2,000.
The judge reminded the majority of elderly friends that when handling social insurance business, they should understand the current and local relevant policies in advance, and go to government departments such as social security and taxation through formal channels.
Don't believe in the promise of others who "have acquaintances" and "connections" can help you make up the payment at one time, so as not to fall into the trap of fraud, which will ultimately outweigh the gains.
Case 2: Twilight met "ministerial cadres" in love, and sighed in both human and financial space
Aunt Zhang in Beijing has been living alone since her daughter got married. One day, she met a Mr. Wang through the Internet by way of marriage and friendship. Mr. Wang claimed to be a cadre of a ministry in Beijing and had been single for many years.
Aunt Zhang thinks that Mr. Wang's personal conditions are very good. The two have been chatting through QQ and have never met, but they soon talked about marriage.
Later, Mr. Wang told Aunt Zhang that the cadres of the ministries and commissions needed a political review to get married. After the two got married, he could help Aunt Zhang's daughter with the work of the ministries. Aunt Zhang was a little hesitant to give some money, but Mr. Wang promised that the more than one million yuan in his name after the marriage would be the common property of the two. more than ten thousand yuan.
Then suddenly one day, Mr. Wang's secretary "Xiao Sun" contacted Aunt Zhang, saying that Mr. Wang was hospitalized due to a sudden illness and asked Aunt Zhang to pay part of the medical and hospital expenses in advance. "Sun" paid more than 100,000 yuan, and repeatedly proposed to visit Mr. Wang, but "Xiao Sun" refused to visit Aunt Zhang for various reasons. Aunt Zhang became suspicious at this point, and later reported the case to the public security organ.
After investigation, it was found that Wang was actually an unemployed person living in Jiangsu. He fabricated the identities of "Mr. Wang, a cadre of a ministry in Beijing" and "Secretary Xiao Sun". "Sudden illness" and other reasons, defrauded Aunt Zhang for a total of more than 290,000 yuan.
Not only that, after the incident, Wang also quibble that it was Aunt Zhang who had borrowed more than 200,000 yuan from him many years ago, and he "made excuses" to ask for money from Aunt Zhang many times. However, there is no evidence to support Wang's claim.
[The judge's statement]
This is a typical marriage and love scam targeting middle-aged and elderly people, and the amount of fraud is huge.
Based on the criminal facts, nature, circumstances and social harm of the case, the court sentenced Wang to six and six months in prison for fraud and a fine of RMB 7,000; ordered Wang to repay RMB 298,100 hundred dollars.
The following two points are worth noting in this case: First, Wang fabricated his seemingly "high-level" identity as a leader of a ministry, and deliberately created a halo of good economic conditions, high social status, and guaranteed retirement life. Attract the favor of Aunt Zhang.
But in fact, Aunt Zhang only listened to Wang's "one-sided words" from beginning to end, and never verified Wang's identity information and work situation, and the two never even met.
Therefore, the judge reminds the majority of middle-aged and elderly people to be cautious when meeting strangers through the Internet and text messages. Marriage and friendship should be based on honesty, truth, and reality.
Second, Mr. Wang succeeded in claiming money for Aunt Zhang's daughter to solve the "work establishment of ministries and commissions". It was precisely because of Aunt Zhang's mentality that she wanted to use "ministerial resources" and "leadership status" to facilitate her "doing things".
Therefore, the judge appeals to everyone not to be superstitious about "hidden rules", to abandon the unhealthy social ethos such as "trust relationships" and "going through the back door", establish correct ideological concepts, and enhance their ability to distinguish right from wrong.
Case 3: Believing that the "old genius doctor" can "eliminate disasters", the cash and jewelry are discarded
Grandma Liu in her teenage years went to the supermarket to buy things every morning.
On this day, Grandma Liu met a woman in yellow at the entrance of the supermarket. The woman in yellow asked if she knew an old genius doctor.
Grandma Liu said she didn't know. At this time, a woman in red who passed by claimed to know the old genius doctor and could recommend it on her behalf.
Grandma Liu went together out of curiosity. The two women had been chatting with Grandma Liu on the road. Soon after they reached a residential building, the woman in red stopped a young man and said that this was the grandson of the old genius doctor. The woman in red called Huangyi Both the woman and Grandma Liu are her relatives, please ask the old doctor to see.
The young man said that his grandfather recited scriptures at home and wanted to go back to discuss it.
After the young man returned, he accused the woman in red of lying, saying that her grandfather had figured out that the woman in yellow and Grandma Liu were not her relatives.
The young man said to Grandma Liu again: "You are 70 years old this year, and you have a son and a daughter." Grandma Liu felt that the old genius doctor was indeed well-deserved. The young man also said that Grandma Liu's son would have a car accident in the near future. Take it out for grandpa to chant scriptures to eliminate disasters.
Grandma Liu was convinced and quickly fetched the cash and jewelry. The young man asked Grandma Liu to wrap the cash and jewelry in a paper bag and hand them over to the woman in red. He turned around and closed his eyes and folded his hands together, chanting scriptures to eliminate disasters.
A few minutes later, Grandma Liu turned around and came back to retrieve the paper bag. The young man told Grandma Liu to keep it a secret, and to open the paper bag on the first day of the new year, otherwise the disaster could not be resolved.
When Grandma Liu opened the paper bag according to the time told by the young man, she found that there were only a few stones. Only then did she realize that she had been deceived and called the police.
After investigation, it was found that Yang 1, a woman in yellow clothes who was looking for someone, together with Yang 2, a woman in red who led the way, and Yang 3, who pretended to be the grandson of an old genius doctor, and other people, from July 2009 to June 2010, took elderly women as The object, claiming that there is an old genius doctor who can cure diseases and eliminate disasters, fabricates lies that the victim's children have disasters and can be resolved by the victim's children, and defrauds more than 10 victims of more than 590,000 yuan in cash and more than 20 pieces of valuable jewelry.
In June 2010, Yang 1 was arrested by the public security organs, and escaped bail in July of the same year.
In December 2019, after being chased by the public security organs online for nearly ten years, Yang 1 went to the public security organs and brought them to justice on his own.
[The judge's statement]
In this case, Yang, together with others, for the purpose of illegal possession, used the method of fictitious facts to defraud the property of several elderly people, and the accumulated amount was particularly huge.
According to the Interpretation 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, those who defraud the property of the elderly may be severely punished as appropriate.
Therefore, the court sentenced Yang 1 to ten years in prison and a fine of RMB 100,000 for the crime of fraud, and ordered him to refund all the victims' economic losses.
This is a typical "street superstition" scam. This type of scam generally has the following characteristics: First, criminals form gangs to commit crimes, plan carefully in advance, cooperate with each other during the incident, and flee quickly afterwards.
Second, it is mainly aimed at elderly women, taking advantage of their strong feudal superstition, weak awareness of anti-fraud prevention, and easy worries about the health and safety of their families.
Third, the location of the crime is not fixed, and it mostly happens in supermarkets, vegetable markets, and in front of residential buildings.
Fourth, in the process of promoting and implementing feudal superstition activities, criminals claim to be "masters" and "magic doctors", and they can "drive away evil spirits and ward off evil" for the elderly themselves or their relatives by "opening the altar" and "chanting the scriptures". Disaster relief and blessings” are used to transfer property or defraud money.
The judge hereby reminds everyone to get rid of feudal superstition, advocate scientific and rational concepts, improve the ability to distinguish right from wrong, and do not base their hopes for a better life on "seeking gods and immortals".
Case 4: 2 million auction of treasured food stamps, 1,000 yuan agency fee "wasted"
One day, Auntie Gu, who was over seventy years old, received a strange call at home. The other party said that she "can help auction old objects at high prices." Company details.
A month later, Aunt Gu brought 58 food stamps to an international auction company with high-end and luxurious decoration, and met "Manager Zhang" who called her.
"Manager Zhang" told Auntie Gu that the 58 food stamps she brought were of "superior quality and great collection value" and could be entrusted to the company for auction in Hong Kong, with "the starting price of 1.5 million yuan and the reserve price of 2 million yuan."
Aunt Gu was overjoyed, and immediately signed an "artwork auction contract" with the company and paid an "agent fee" of 5,000 yuan.
After the contract was signed, there was no progress in the auction. Auntie Gu urged many times, and "Manager Zhang" perfunctory and perfunctory excuses such as "Hong Kong typhoon", "the food stamps were only offered for 1.7 million and did not sell", and "the company moved." At this time, Aunt Gu realized that she had been deceived, and quickly called 110 to report to the police.
Aunt Gu learned only after calling the police that the value of her 58 food stamps was only 168 yuan, and that an international auction company with high-end and luxurious decoration was just a "bag company" that falsely reported its registered capital.
After investigation, Zhang and others established an international auction company, and the organizers used the company's name to solicit customers by telephone and other methods to help auction food stamps, industrial vouchers, misprinted RMB, stamps and Buddhist beads and other collectibles as bait. In less than a year, he defrauded more than 20 middle-aged and elderly victims for a total of more than 400,000 yuan due to the fact that the price was much higher than the actual value of the collection and that he could go to Hong Kong and other places to hold auctions.
After the incident, Zhang's family returned the stolen goods in full on his behalf.
[The judge's statement]
In this case, Zhang, together with others, for the purpose of illegal possession, in the process of signing and performing the contract, defrauded the property of the other party and accumulated a huge amount, which not only violated the property ownership of the other party to the contract, but also violated the state's economic contract. management order, thus constituting the crime of contract fraud.
The crime of contract fraud and the crime of fraud have a special and general relationship, and the two belong to the overlapping legal provisions, and should follow the principle that the special law is superior to the general law.
my country's Criminal Law stipulates the crime of contract fraud in Article 224. If this crime is committed, if the amount involved is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, it shall be sentenced to not less than three years. Fixed-term imprisonment of not more than ten years 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.
In this case, Zhang defrauded a huge amount, and the court sentenced him to four years in prison for contract fraud based on his truthful confession, full refund and understanding from the victim, as well as his role, status, and degree of participation in the joint crime. , and a fine of RMB 80,000.
In recent years, under the background of "collection fever", fraud crimes against the elderly have emerged one after another.
Criminals generally adopt a corporate operation model. By collecting the contact information of the elderly, researching marketing tactics aimed at the elderly, and creating a strong external image, they use the free appraisal of "old objects" or the gift of precious "commemorative coins" as bait. , using the elderly's cognitive limitations in professional fields such as market appraisal, valuation and auction of collectibles, as well as their desire to "picked up" and "appreciated" to commit fraud.
How can seniors avoid falling into such scams?
The judge reminded: First, be wary of answering unfamiliar calls with sales promotion and market research content; second, judge the value of the collection rationally, and do not blindly believe in high-priced promises; Decoration and other superficial phenomena to judge the business status; fourth, pay attention to keep the original evidence such as transaction contracts, payment vouchers, etc., once a dispute arises or is found to be deceived, it can facilitate the subsequent investigation and evidence collection of the public security organs.
Case 5: Give full play to the residual heat to "give love", and fall into the non-sucking trap by "pit"
Auntie Zhang, who is retired at home, has always wanted to make use of her residual heat and make a difference in her old age. One day, a neighbor took out a leaflet printed with "Join the community to enjoy benefits and receive gifts", saying that a new organization has been established in the community to organize the elderly to participate in public welfare and charity. The company hosting the event will also hold a briefing session to attract new members.
When Aunt Zhang arrived at the company, she found that, as the neighbors said, the company hung banners with "Learn from Lei Feng, do good deeds", "Show love and send warmth", and posted photos of company employees visiting Hope Primary School and impoverished mountainous areas.
During the briefing, Xia, the person in charge of the company, introduced that the company's main business is the sale of health products such as power water and deer blood wine. Because of his enthusiasm for public welfare, he has also established a "charity commune" that only recruits retirees, and the "commune" regularly organizes "Visit the poor and ask the poor" activities to help disadvantaged groups, such as organizing "charity performances" to raise funds for the construction of Hope Primary School, organizing members to visit nursing homes and orphanages, etc. Not only that, "commune" will often organize "free travel" as a member Welfare.
Xia emphasized that the above activities are only for "community members", and according to different levels, they must pay membership fees ranging from several thousand to ten thousand yuan each year.
Aunt Zhang did not hesitate, and was very happy to pay the money to join the association.
After that, Auntie Zhang participated in several surrounding tours and theatrical performances organized by the "commune", and gradually became acquainted with Xia.
Xia revealed to Aunt Zhang that he was actually a shareholder of a pawn company. The pawn company has business cooperation with the bank, and there are internal channels to purchase short-term high-interest financial management. high and short cycle.”
Out of her trust in Xia, Aunt Zhang gave Xia more than 700,000 yuan several times, and Xia also issued "IOUs" to Aunt Zhang.
However, Xia only returned 100,000 yuan to Aunt Zhang for the project that originally promised to repay the principal and interest in two months.
Aunt Zhang noticed something was different, and she chose to call the police after several unsuccessful urgings.
After investigation, Xia, in the name of public welfare and charitable activities, attracted retirees to join the club to become members, and then promoted short-term financial management channels, mutual aid platforms, subscription of the company's original shares and other projects, promising "guaranteed principal and high interest" to attract investment. In the case of the incident, Xia illegally absorbed more than 16 million yuan from more than 100 people.
[The judge's statement]
In this case, Xia illegally absorbed public deposits in a disguised form. The huge amount of behavior violated the national financial management system and disrupted the financial market order, which constituted the crime of illegally absorbing public deposits.
my country's Criminal Law stipulates the crime of illegally absorbing public deposits in Article 176. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years and ten years The following 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 and a fine.
The judge reminded that it is a way for the elderly to give full play to their residual energy and devote themselves to public welfare. Travel and play can also enrich their retirement life and enrich their spiritual world, which are all worthy of vigorous promotion. used by criminals.
In the daily life of the elderly, on the one hand, it is necessary to identify well-known and formal charitable organizations, travel agencies and financial institutions, and be sure to “verify their identity” through official websites or authoritative channels before participating in any activities organized by institutions; on the other hand, We must keep in mind that "there is no free lunch in the world", get rid of the idea of "making big money with small money", and don't be fascinated by unrealistic investment returns and hype-like advertising. In the face of temptation, be clear-headed, calm and objective, and "think twice" Just go"!
This edition of the article / our reporter Chen Si