Shijiazhuang Intermediate People's Court released a typical case of cracking down on illegal crimes in the field of real estate

On July 1, the Shijiazhuang Intermediate People's Court held a press conference to combat the trial work of illegal crimes in the real estate field, reported that the two -level courts in the city to crack down on illegal crimes in the real estate field, and released three typical cases. Since the beginning of this year, the Shijiazhuang Court has carried out the improvement of illegal violations of laws and discipline and law in the real estate field. As of the end of June, the two -level courts in the city have accepted 14 criminal cases in the real estate field and concluded 6.

For criminal cases involving real estate, the Shijiazhuang Court strictly implemented the "one case, one special class" in accordance with the requirements of the "three synchronization", research and judge the plan for trial work, and carefully study the confirmation of real estate crimes, the grasp of evidence, and the standard of the referee. Pay the procedures, evidence, and facts to ensure that each case is qualitative and accurate, the sentencing is appropriate, and the procedure is legal. At the same time, the two -level courts conscientiously implement the criminal policy of lenient and strictness, adhere to the equal emphasis on education and crackdown, the combination of leniency and strictness, lenient and strictness, and the crimes are mild, the subjective malignant is not great, actively make up for the losses, cooperate with the masses work, solve the presence of the remaining leftover The defendants who have applied for non -prison for suspended suspension and control in accordance with the law; for refusing to explain the whereabouts of the funds, maliciously invaded the people of the people to buy a house, causing the project to be bad, unable to submit the house normally, and cause major losses to the masses.

The Shijiazhuang Court will strengthen coordination and cooperation with the public security and procuratorial organs, effectively improve work efficiency, re -punish a group of illegal criminals involved in real estate, improve the integrity of the whole society, help optimize the provincial capital of the rule of law, and effectively maintain the people of the people. Legal rights and interests. At the same time, it will be concentrated in the form of concentrated judgment, organizational listening, and "six entrances" in the law. In case of interpretation of the law, it will deter vioze of illegal criminals in the real estate field, standardize the order of the real estate market, and clear the "block tigers" and "stumbling blocks" of the city's economic and social development.

Shijiazhuang Intermediate People's Court released a typical case of cracking down on illegal crimes in the real estate field ↓↓↓

Case 1: The defendant Ren a contract fraud case

【Basic Case】

On January 18, 2017, Renmou signed the "Project Cooperation Agreement" with two other real estate companies in the name of Hebei Jiehua Real Estate Development Co., Ltd. to cooperate to develop and construct the Huozhai beautiful rural construction project. According to the agreement, the defendant was responsible for the management of the cooperation project. In August 2017, Renmou named Huozhai's beautiful rural construction project as Shengshi World City. In the case of sale permit, the commercial houses of the prosperous world city project began to sell.

On August 16, 2017, Ren Mou transferred all the equity of Hebei Jiehua Real Estate Development Co., Ltd. to a third party, and Ren no longer worked in the company. However, after the defendant, after he was not working in the company and withdrew from Huozhai's beautiful rural construction project, he still used the POS machine to continue to sell the commercial house of the Shengshi World City Project. After auditing, from August 30, 2017 to March 23, 2018, Renmou illegally collected 36 households' purchase of 810.9057 million yuan. The amount was dominated by it, which caused 36 households to buy a house.

【Judgment results】

The People's Court of Luquan District, Shijiazhuang City, believes that the defendant Ren Mou, for the purpose of illegal possession, was unable to fulfill any procedures for the Shengshi World City Real Estate project developed by the company that he was located. Contract, collecting house purchase funds for their own splurge or punishment, causing the purchase of the house to be refunded, the amount is particularly huge, and its behavior constitutes the crime of contract fraud. Therefore, the defendant's crime of fraud in a contract was sentenced to fourteen years and six months in prison, and fined RMB 100,000; the defendant Renmou's illegal income was 810.9057 million yuan to return to 36 victims such as Jiao Moumou.

The second instance of Shijiazhuang Intermediate People's Court maintained the criminal judgment of the Luquan District People's Court.

Case 2: The defendant Liao Mou and Zhang Moumou misappropriated the funding case

【Basic Case】

In March 2010, the defendants Liao Mou and Zhang Moumou established Hebei Lingdong Real Estate Development Co., Ltd. and developed the Four Seasons Flower City Project. In 2014, 2017, and 2020, Liao Mou successively misappropriated 31.2 million yuan in funds in the name of the company for investment and personal use. As of the case, Liao Mou still had 17.2 million yuan without returning. In 2017, 2020, and 2021, Zhang Moumou misappropriated 9.29 million yuan in funds in the name of the company. As of the case, Zhang Moumou had not returned 9.17 million yuan. Before the case was transferred to the prosecution, Zhang Moumou had refunded all 9.17 million yuan to the designated account of the above -mentioned company's government supervision, and Liao Mou had not returned.

【Judgment results】

The People's Court of Lingshou County, Hebei Province, believes that the defendants Liao Mou and Zhang Moumou embezzled the company's funds for personal use and carried out profit activities. The amount was huge and had not been repaid for more than three months. The criminal facts accused by the public prosecution agency are clear, the evidence is indeed, sufficient, and the charges are established.

The defendants Liao Mou and Zhang Moumou misappropriated the company's funds, causing major losses to the company, and a significant impact on the project construction. However, considering the defendant Liao Mou, the defendant Zhang Moumou confessed, and the refund of all the misappropriation of the money before the public prosecution, and voluntarily pleaded guilty and confession. The defendant Zhang Moumou misappropriated the funds and sentenced him to two years and six months in prison. He was sentenced to three years; he ordered the defendant Liao Mou to return to Hebei Lingdong Real Estate Development Co., Ltd. Case 3: defendants Bai, Li Moumou, Ding Moumou's contract fraud case

【Basic Case】

The "No. 9 Mansion" real estate project is located in the Chang'an District of Shijiazhuang. It is a Shijiazhuang demolition and reconstruction project. The project is developed by Hebei Handing Real Estate Development Co., Ltd. On June 30, 2013, Hebei Handing Real Estate Development Co., Ltd. transferred the project to the defendant Bai's Hebei Yoying Real Estate Development Co., Ltd. under the price of 12 million yuan. The defendants Bai, Li Moumou, and Ding Moumou participated in the project construction, and began to sell project real estate without handling relevant procedures. After judicial appraisal, the company sold a total of 57 projects in the project and obtained 33,87.10.5 million yuan in house purchases. Among them, the defendant Bai returned 14.45.8389 million yuan, Zhang refunded 74.1266 million yuan, and Hebei Handing Real Estate Development Co., Ltd. refunded 12 million yuan. After the incident, the defendants Bai, Wang Moumou, and Ding Moumou took the initiative to invest in the case and truthfully confess their crimes.

【Judgment results】

According to the trial of Shijiazhuang Mayor An District People's Court, the defendants Bai, Li Moumou, and Ding Moumou used illegal possession to sign and fulfill the contract in the contract. The crime of crime of contract fraud from Li Moumou, and Ding Moumou, the facts are clear, the evidence is true and sufficient, and the charges of allegations should be severely punished, but the defendants Bai Mou, Li Moumou, and Ding Moumou took the initiative to invest in the case after the incident. Crime confession and actively raising funds to make up for most of the losses, and the punishment should be reduced according to law. Therefore, the defendant Bai Mou committed contract fraud, sentenced to three years in prison, four years of probation, and fined 300,000 yuan. It was also fined RMB 100,000; the defendant Ding Moumou had committed a contract to fraud, sentenced to three years in prison, three years of probation, and fined 100,000 yuan.

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