The suspects have justified, and the prosecutor broke "it is fraud, not a loan"

"The cheated money was not completely refunded to me. I have always been uneasy in my heart. Now I can get it back to this money. The hanging heart finally landed. I know that this is inseparable from the prosecutor's efforts ..." On May 22, The prosecutor of the case handling of the Xinxian County Procuratorate in Henan Province rushed to the victim's family with the defendant Wang Fa (pseudonym) to send the last compensation to Yan's hands. Yan said with emotion. At this point, the fraud case was a successful end.

There is no settlement fee for office supplies

In August 2021, the Xinxian Procuratorate accepted the public security organ to ask for a case of fraud. The prosecutor handling the case found that the suspect Wang Fa was a township staff in the county. In early 2018, the township must compile local historical records, hand over the work to Wang Fa, and explain to him that the preliminary budget was 15,000. Yuan, after the first draft passes the review, then appropriations. Wang Fa hired comparators with a full time of 3,000 yuan per month and a standard of 80 yuan per day. After contact, three retired teachers agreed to participate in the compilation work. Wang Fa told 3 people that the salary had to wait until the first draft was approved.

In July 2019, after the first draft of the local history, Wang Fa said to the three retired teachers participating in the compilation that the superior appreciated the local history they wrote. You can also get tens of thousands of yuan bonuses, but you need to pay personal income tax first in proportion. Teachers Chen and Fang felt that this was a good thing, and to Wang Fa with personal income tax of 4,200 yuan and 1900 yuan, respectively.

In December 2020, the teachers participating in the compilation were looking for wages and bonuses for Wang Fa, and Wang Fa Tu said that there was no funding in the village. When Chen and Fang Mou came to the countryside, they learned that the cost of the budget had already been allocated to Wang Fa, and no superiors had to appropriation and published.

The prosecutor also found that in April 2019, Wang Fa learned at a dinner that a university in Xinyang was preparing to determine a grassroots counterpart support unit. Donated a batch of office supplies of nearly 50,000 yuan for free, and Mao Sui recommended to choose to buy office supplies, and wanted to earn some "differences" from the middle. Subsequently, Wang Fa purchased more than 40,000 yuan in office supplies from the name of the town in the name of the township.

Afterwards, Yan had contacted Wang Fa for the cost of settlement of these office supplies many times, and did not fight for Wang Fa, who was donated by colleges and universities to make up for various reasons to push. Until May 2020, Wang Fa contacted Yan through WeChat and told him that he wanted to let leaders approve the approved funding and asked the leader to eat, and then let Yan Mou transfer nearly 20,000 yuan for reasons for paying insurance money and asking for dinner. Essence In July 2021, after many urging, Yan realized that he was deceived and reported.

Is it borrowing or fraud

On the basis of fully familiarity with the case and evidence, the prosecutor handling the criminal suspect Wang Fa. Facing the interrogation, Wang Fa confessed to the previous two criminal facts, and he claimed that money was voluntarily transferred to him for the third criminal fact. During the interrogation process, the prosecutor handling the case found that there were many inconsistencies before and after the confession of the third criminal fact.

By verifying evidence, the prosecutor handling the case believes that the fact that Wang Fa's fraud on Yan's fraud is Yan Mou's testimony, and the existing evidence chain is not perfect. However, the previous two criminal facts have confirmed that the property of the two victims was lost, and Wang Fa refused to plead guilty of the third criminal fact. Yan's actual loss is still difficult to determine. The court made a decision to approve the arrest of the suspect Wang Fa.

Subsequently, the prosecutor handling the case listed a detailed investigation outline to the public security organs for the third criminal fact. During the replenishment of the investigation, the prosecutor handling the case repeatedly communicated with the investigators to guide the investigation and evidence. In the end, the public security organs supplemented the relevant evidence materials and transferred the case to the procuratorate for review and prosecution in October 2021.

"Finally, I said that I was fraudulent. I just borrowed some money from Yan. I would return it to her when I had money." In the face of the prosecutor's interrogation, Wang Fa defended it.

"How did it become a borrowing money? How did you borrow money from Yan? How much money did you borrow?" In response to Wang Faixin's confession, the prosecutor handling the case quickly found the conflict and asked Fraud, never say a word anymore.

The chat screenshot is fake

Is the third fact borrowed or fraud? Does Wang Fa subjectively have the purpose of illegal possession? With these questions, the prosecutor handling the case decided to start the self -replenishment of the investigation procedure to completely find out these issues.

The prosecutor handling the case of the WeChat chat and transfer records of Yan and Wang Fa found that Yan's large transfer was mainly concentrated from July to September 2020. A series of chat records showed that the reason for the transfer was not what Wang Fa said. loan.随后，结合证人证言，再次仔细核对汪发发给严某的聊天截图，检察官发现了这些聊天截图里隐藏的“秘密”：数十张聊天截图内容是汪发和两名领导的对话，而这两The WeChat avatar of the famous leader is completely the same, and the language expression is high, just like the same person.

The prosecutor handling the case asked the key witnesses to verify the authenticity of the information in these screenshots one by one, and found that these screenshots were fake. In other words, Wang Fa has repeatedly claimed that the reason for asking leaders to eat and pay the deposit can only be reported to the account.

"How did you send the transfer voucher for Yan to Yanmou?"In the foot, I had to lower my head to explain everything.According to Wang Fa, all the chat and transfer screenshots were made by him through the computer repair software. During the hospitalization, he fictional reasons for various reasons to make Yan transfer more than 20,000 yuan many times.He squandered.

Afterwards, the prosecutor handling the case patiently explained to Wang Fa and his family members, prompting the loss of the victim to the victims and obtaining the victim's understanding.In the end, under the witness of the prosecutor of the case and the defense lawyer, three victims and Wang Fajin relatives reached a compensation and understanding agreement.

In November 2021, the Xinxian Procuratorate filed a public prosecution for suspected fraud.In March of this year, the court was tried in the trial and adopted the sentencing proposal proposed by the procuratorial organs. It was sentenced to one year in prison for fraud and fined 7,000 yuan.

(Source: Procuratorate Author: Hu Chuanren Jinlu)

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