Xiao Moumou and Chen Mou raised funding fraud -in the name of "pension service" to implement illegal fund -raising criminals

1. Basic case circumstances

In June 2016, the defendants, Xiao Moumou, Chen Mou and Cai (have been sentenced) to implement illegal fundraising in the name of carrying out pension services, and successively established Zigongmou Pension Service Co., Ltd. and Sichuan Pension Service Co., Ltd. Zigong, Neijiang City, Panzhihua City and other places have established branches or business outlets. The three knew that the company had no financing qualifications, and the "pension base" could not be built and used. It still arranged for the financing team to use the pension service to adopt calls, send leaflets, promotion meetings, and word of mouth. "Base" and other means to publicly raise funds in Zigong City and other places, promise to pay 1%-3%of a fixed income monthly, enjoy the priority residence rights and discounts of pension bases, and return the principal after exposing the period. Agreement "" Pre -deposit Contract ", etc., collects pre -stored consumption funds, absorbing more than 5.62 million yuan for the elderly. The financing team made 45%-50%of the fundraising funds. The rest was divided by Xiao Moumou, Chen, and Cai, except for the company's operation.

Second, the referee results

This case was first instance of the People's Court of Zigong District, Sichuan Province, and the second trial of the Zigong Intermediate People's Court of Sichuan Province.

The court believes that the defendants Xiao Moumou and Chen Mou were the purpose of illegal possession of others and illegally fundraising with fraud. The amount was particularly huge, and their behavior had constituted a crime of fund -raising fraud. Xiao Moumou and Chen played the main role in common crimes. The main criminals should be punished in accordance with all the criminal penalties they participated in or organized or commanded. After the two were returned to the case, the main criminal facts were truthfully confeired, and they could be punished lightly according to law.

Based on this, Xiao Moumou was sentenced to 13 years in prison and fined 200,000 yuan in prison; Chen was sentenced to twelve years and six months in prison, and fined 200,000 yuan; ordered Xiao Mou to be ordered Some, Chen's refund compensation fund -raising participants in economic losses.

3. Case Revelation

This case is a typical criminal case that provides the "pension service" that violates the legitimate rights and interests of the elderly. This type of crime is mainly manifested in the name of pre -sale pension beds and fictional pension service projects. Services, pre -paid for the cost of pension service, and other means to scam the money for the elderly.

The defendants Xiao Moumou and Chen used the elderly to seek the psychology of pension protection to promise high interest rate returns, enjoy the right to live in bed priority, and discounts. The second defendant knew that the "pension base" could not be built and used. 45%-50%of the fundraising funds were used for the commission of financing teams, and the funds were divided in proportion. Purpose. The court of first and second instance shall be convicted and punished the defendant for fund -raising fraud.

The people's court reminds the elderly to choose a regular -qualified pension service agency to find illegal fund -raising of criminals with "elderly care services". At the same time, relevant departments should regulate the admission of the elderly service industry, strengthen industry supervision, ensure the healthy development of the elderly service industry, and create a good environment for the elderly to enjoy happiness in their old age.

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