Provincial Court released | Jiangsu Court typical cases of combating special action for pension fraud

Author:Jiangsu High Court Time:2022.08.12

Case number one

Sun Moupu and other four people fraud cases

——Bed the free gift item and winning the prize as a bait

Fraud for the elderly

The first instance of the People's Court of Binhu District, Wuxi City

Wuxi Intermediate People's Court Second Trial

(1) Basic case circumstances

From October 2020 to April 2021, the defendant Sun Moupu purchased a large number of "camel milk powder", "magnetic therapy watch", "eye massage instrument", "Lakara POS cashier carding machine", etc. Items, recruit others for fraud. The recruited person in accordance with Sun Moupong's request, posing as the staff of the "Beijing Health Hall" staff, and calling the elderly information provided by Sun Moupong, lied that only the freight of more than ten to thirty yuan was paid, and they could be free. Get a "hundred yuan" camel milk powder or bird's nest. After the victim agreed, Sun Moupong arranged for others to send the camel milk powder or bird's nest and scraper card to the victim by the way of paying to pay. Among them, the scraper card must be "magnetic therapy watches", "eye massage instrument", and three awards of 1,000-30,000 yuan in cash. After the victim mistakenly thought that he won the prize and called the call left on the scratch card, Sun Moupong and others lied that the winning cash could be issued to the victim or could deduct the purchase of drugs, but the victim required the payment of the credit card deposit or the deposit or Buy drug funds. The victim agreed and paid the delivery person according to the payment of the criminal gang after receiving the goods. The defendant Sun Moupong and others adopted the above methods to deceive more than 780,000 yuan in property.

(2) Regulatory results

The court trial believes that the defendant, Sun, hopes to be with others to use the technical means of telecommunications to use the technical means of telecommunications to deceive the property of others with fictional facts. The amount is particularly huge, and his behavior has constituted a crime of fraud. In the joint crime, the defendant Sun Mou hoped to play the main role and was the main criminal. The defendant Sun Mou hoped that he could truthfully confess his crimes after returning to the case, which was frank. Based on this, Sun Mou was sentenced to 11 years in prison for fraud and fined. According to the crime circumstances, the other defendants sentenced to one year, six months to ten months of punishment for other defendants for fraud, and fined fines.

(3) Typical meaning

This case is a typical case of free gifts as bait to scam the elderly. Many elderly people have a frugal life, and they are easily moved by free gifts and relaxed their vigilance. In this case, the criminals use the psychology of the elderly to cheat the trust of the elderly with low prices for low prices, and then seduce the elderly with the "high winning prize" to call the elderly. Swiping card deposit and other cheating money. Here we remind that "there is no free lunch in the world", do not trust information such as free gifts and "Hizhong Awards", so as not to fall into the trap of criminals. Before any transfer remittance, multiple parties must be verified to prevent damage to property.

Case 2

Chen Moutao and other twenty people fraudulent cases

——The means of free travel, false testing and other means

Check the elderly to buy "health products" at high prices

The first instance of the People's Court of Tianning District, Changzhou City

The second instance of the Changzhou Intermediate People's Court

(1) Basic case circumstances

The defendant Chen Motao and others used free travel as a bait, arranged travel during the day, and lectured at night to seduce. During the period, according to the victims they learned in tourism and lectures, the defendants arranged other criminal gang members to pretend to be well -known medical experts for outpatient consultation, fake medical staff for false testing, and issuing false testing reports to make the victim believe that they had higher risk of cancer risk of cancer. Essence The defendant lied that the immunoglobulin and other products that he supplied to obtain a national patent, which can prevent and treat cardiovascular and cerebrovascular diseases, cancer, tumors, diabetes and other diseases. The purchase of the product has national subsidies and deceives victims to buy products at high prices. The defendant deceived more than 500 victims by more than 11.61 million yuan in the above way.

(2) Regulatory results

The court trial believes that the defendant Chen Moutao and others have the purpose of illegal possession, and adopt the means of fictional facts and conceal the truth to deceive the property of others. The amount is particularly huge, and his behavior has constituted a crime of fraud. The defendant Chen Motao and others formed a relatively fixed criminal group. Among them, Chen Moutao was the primary element and shall be punished in accordance with all the crimes committed by the group. Based on this, the defendant Chen Moutao was sentenced to fourteen years in prison and fined a fine. According to the crime circumstances, the other defendants were sentenced to twelve years, six months, six months to two months of punishment for other defendants, and fined fines.

(3) Typical meaning

This case is a typical case of fraudulent "health care products" for false testing and selling high -priced "health products". Health food can regulate the function of the body, suitable for specific populations, but does not take the purpose of treating diseases. Therefore, the label and manual of health foods must not involve disease prevention and treatment functions. In practice, criminals often seize the psychology of the elderly wanting to be healthy and longevity, and implement crimes by exaggerating the efficacy of "health products". In this case, the defendant adopted free travel, free medical examination, "expert" free consultation to attract the participation of the elderly. Through false diagnosis and treatment and forgery testing reports, the elderly caught the wrong understanding, and then sold "health products" at high prices to deceive the elderly for the elderly property. Remind that the elderly people do not believe in so -called special effects, health products, and imported drugs. Those who need to buy health products should be purchased at regular institutions, and the "blue hat" logo unique to health foods should be recognized. Pay attention to the labels and manuals of health foods.

Case II

Zhang, Zhang Moushuo fraud case

——Intle the name of the elderly in the name of auction collections

Nanjing Xuanwu District People's Court trial

(1) Basic case circumstances

In 2017, the defendants Zhang and Zhang Moushuo obtained the personal information of the elderly collectors through illegal means. Recruit salespersons called the elderly collectors, posing as experts to exaggerate the price of the collection, and fictional can be used through the company's cooperative auction units. Send to Hong Kong high -priced auction. In order to obtain the trust of the victims, the defendant went to Hong Kong to recruit false auctions at a price of 200 yuan a day to watch related videos for the victims. Before the incident, the defendant deceived more than 60 elderly victims on the grounds of collecting operating fees, venue fees and publicity fees.

(2) Regulatory results

The court tried that the defendants Zhang and Zhang Moushuo took the purpose of illegal possession, fictional facts, concealed the truth, and deceived the property of others. The amount was particularly huge. The behavior had constituted a crime of fraud and a joint crime. Zhang Mou was the main criminal, Zhang Moushuo was a criminal. After returning to the case, the two defendants were truthfully confessed the main criminal facts. Based on this, Zhang and Zhang Moushuo were sentenced to twelve years in prison and six years in prison for fraud in accordance with the law.

(3) Typical meaning

This case is a typical case of fake auction collections fraudulently to deceive the property of the elderly. In recent years, in the context of collecting fever, collectible criminal criminals have gradually aimed at the elderly, using the elderly to implement fraud through the psychological psychology of selling old objects. In this case, the criminals used the lack of the elderly's knowledge of collectibles and auctions, catering to the psychology of the elderly who wanted to make a collection of collectibles at a high price, exaggerated the price of collectibles, and obtained the trust of the elderly by holding false auctions. The judgment of this case reminds the majority of elderly people and collectibles to have reasonable expectations for their collectibles. When auction, we must choose a regular auction institution. Do not believe in the offer of others.

Case 4

Huang Moushan, Xia Mouxing, Zhu Moufang fraud case

—— Lying, saying that electronic products have the treatment effect

Decend the property of the elderly

Judgment of the People's Court of Lizhou City

(1) Basic case circumstances

From October to November 2020, the defendants Huang Moushan, Xia Mouxing, and Zhu Moufang also went to Xuzhou, Lianyungang and other places in Jiangsu Province. Personnel, choose retirement, sick and elderly people, sell an electronic product called "hydrogen molecular blisters", demonstrate on the spot, and explain the air bubbles produced by the normal chemical reactions of the instrument to interpret the detoxification phenomenon of the victim's body. Then, the "hydrogen molecular blisters" without medical effects lied as a medical device that could treat various medical diseases such as cancer, diabetes, psoriasis, and promised the elderly for three months for replacement and retreat, causing the victim to make mistakes. Buy the above products after you know it. Before the incident, the fraud gang had fraudulent more than 60 people with a total of more than 100,000 yuan in property.

(2) Regulatory results

The court trial believes that the defendants Huang Moushan, Xia Mouxing, and Zhu Moufang for the purpose of illegal possession, fictional facts, concealing the truth, and deceiving others' property. The amount of fraud in a certain Fang is large, and its behavior constitutes a crime of fraud, and it is a joint crime. The defendant Xia Mouxing had been punished for scams, and once again fraud, and he was punished. The defendants Huang Moushan, Xia Mouxing, and Zhu Moufang truthfully confeed to the main criminal facts after the case, and voluntarily pleaded guilty. Income can be punished from light penalties. Accordingly, Huang Moushan was sentenced to three years and two months in prison for fraud in accordance with the law.

(3) Typical meaning

This case is a typical case of fraudulently impersonating medical devices. With the development of the economy and society, the quality of life of the elderly has been greatly improved, and the awareness of health has continued to increase. Some criminals use the fear of the elderly's fear of illness and the needs of health care. In this case, the defendant adopted the on -site experience marketing method, using the weakness of some elderly people lacking relevant professional knowledge, using pseudo -science to deceive the trust of the elderly, and the false publicity of electronic products without medical effects as instruments that can treat multiple diseases that can treat multiple diseases. , Then cheat money. The judgment of this case also reminds elderly friends to enhance the awareness of anti -fraud, maintain rationality, do not follow the trend, and understand product knowledge in multiple channels. For those who are difficult to distinguish, you can consult with relatives, friends or market supervision departments, and Consumer Association.

Case 5

Kong Mouqing, Ma Moulin, Zhang Mouli fraud case

——Is pretending to be dentist to sell "high -tech porcelain teeth"

Fraud for the elderly

The first instance of the Changshu People's Court

The second instance of the Suzhou Intermediate People's Court

(1) Basic case circumstances

From July to September 2021, the defendants Kong Mouqing, Ma Moulin, and Zhang Mouli successively went to Changshu, Jiangyin, Zhangjiagang and other local cuisine markets. Dentist, Ma Moulin and Zhang Mouli were responsible for publicizing and persuading, and obtained the trust of the victims in the name of free consultation and free inspection of teeth. After the victim agreed to check the teeth, Kong Mouqing and others took the "fake teeth" that used the self -library powder to make the use of self -gastrodia powder and a single cost of only one or two yuan. , Sales to the victims at a price of hundreds of dollars, and produced and installed on the spot. The three were divided into each other, a total of 15 crimes, and cheated RMB 42,950. (2) Regulatory results

The court tried that the defendant Kong Mouqing, Ma Moulin, and Zhang Mouli used illegal possession to use fictional facts and concealing the truth many times to fraud public and private property. In the joint crime, the defendant Kong Mouqing was the main criminal; the defendants Ma Moulin and Zhang Mouli were all criminals. The three defendants voluntarily pleaded guilty, and they could be treated from wide. The defendant Ma Moulin and Zhang Mouli had the previous subject, and should be punished as appropriate. The defendants Kong Mouqing, Ma Moulin, and Zhang Mouli withdrew from the stolen money, and they could be punished as appropriate. Based on this, Kong Mouqing was sentenced to two years in prison for fraud in accordance with the law, and Ma Moulin was sentenced to one year or six months in prison.

(3) Typical meaning

This case is a typical case of pretending to be a doctor to fraud. The Central Political and Legal Committee requested that the inspection of the villages, urban and rural areas, and remote rural areas should be increased to investigate and deal with a group of "fake white coats" for illegal medicine and fraud. The area of ​​this case is all township vegetable fields. The defendant lacks medical knowledge for some elderly people. The township vegetable field management is loose, wearing a white coat, and a counterfeit doctor. ; Make in the mouth, successful ", sell its so -called" high -tech porcelain teeth ". However, this synthetic resin made of self -condensed dental powder not only cannot be used for a long time, but also has certain irritation on the gums and affects physical health. I would like to remind the elderly that the elderly must recognize a regular institution with medical qualifications for medical treatment and health inspection. Do not think that the doctor wearing a white coat is a doctor, the "high -tech" is a regular product, so as not to delay the treatment and suffer from property. loss.

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