Indictment: A cadre in Huanggang was involved in defrauding the farmer's pension of 1.88 million yuan for land requisition, which was used to buy bags for plastic surgery

The Paper's trainee reporter He Peiyun and reporter Lu Xinwen

Screenshot of the indictment

A cadre of a bureau in Huangzhou District, Huanggang City, Hubei Province, is suspected of defrauding about 1.88 million yuan of pension insurance funds from land expropriated farmers on 67 occasions between April 2015 and April 2021 by taking advantage of his position to review a one-time refund of pension insurance for urban and rural residents. These funds were used by Kong Moumou to purchase leather bags, jewelry, and his own beauty, plastic surgery, etc.

On February 7, 2022, the Huangzhou District Procuratorate released the indictment of the case. According to the indictment, the defendant Kong XX, female, born in 1978, the person in charge of the Huangzhou District ** Bureau** of Huanggang City, was taken into custody by the Huangzhou District Supervision Commission on July 5, 2021 for suspected violations of his duties; on July 23, 2021, the Huangzhou District Procuratorate decided to take him into criminal detention and be executed by the Huangzhou Branch of the Huanggang City Public Security Bureau; in August of the same year, Kong was arrested.

According to the indictment, after the Huangzhou District Procuratorate found out in accordance with the law, from April 2015 to April 2021, defendant Kong X, while serving as the person in charge of the Huangzhou District ** Bureau**, took advantage of his position to review the one-time refund of the pension insurance personnel of urban and rural residents, fabricated information such as the insured person's participation in the pension insurance of employees, death, repeated payment, and the need for a refund of the payment data without uploading the provincial network in time, and defrauded the peasants whose land was expropriated for a total of 1881578 yuan on 67 occasions.

According to the indictment, after Kong defrauded the above-mentioned expropriated peasant pension insurance 1881578 yuan, it was used to purchase clothes, leather bags, shoes, jewelry and other items of about 700,000 yuan, about 800,000 yuan for his own beauty and plastic surgery, more than 200,000 yuan for his purchase of Toyota Ruizhi car, and the remaining more than 100,000 yuan for his personal daily expenses. From July 22 to 30, 2021, defendant Kong X, through his relatives, returned a total of 787,000 yuan of stolen money, and 1,094,578 yuan remained unreturned.

In addition, Kong Moumou was also examined and prosecuted for the crime of embezzlement. The indictment alleges that around 2010, part of the collective land in Liumiao Village, Chen Celou Town, Huangzhou District, was expropriated due to the construction of the Chemical Industry Park in the Huangzhou Railway Station Economic Development Zone, and according to the Huanggang Municipal People's Government's "Trial Measures for the Basic Old-age Insurance for Farmers With Expropriated Land in Huanggang District" (Huang Zhengfa [2008] No. 19), farmers whose land was expropriated in the village could apply to participate in the basic old-age insurance for farmers whose land was expropriated. Liu Moubing, then secretary of the party branch and director of the village committee of Liumiao Village, was responsible for collecting the pension insurance premiums paid by the peasants whose land was expropriated (hereinafter referred to as the premium) and depositing them into the special account for social security funds for the peasants whose land was expropriated in Huangzhou District (hereinafter referred to as the special account for social security funds), and then issuing invoices to the Huangzhou District Rural Social Insurance Administration. During this period, Liu Moubing and Kong Moumou met because of their working relationship.

On April 22 and 23, 2011, in order to facilitate the payment, Liu Moubing deposited the 500,000 yuan and 66,560 yuan of premiums paid by the expropriated farmers on his behalf into the postal bank account of Kong A. After Kong's colleague Zhao xx learned of the situation, he proposed to Kong xx to lend this money to his relatives for turnover, and verbally promised to give Kong xxx a benefit fee. Subsequently, Kong Moumou obtained the consent of Liu Moubing to temporarily not record the invoice, and falsely claimed to lend the above two premiums to her relatives working in the bank to complete the deposit task. On April 25 of the same year, Kong withdrew 560,000 yuan from the 566,560 yuan premium transferred by Liu Moubing and transferred it to his relative Sun Mouyi through Zhao Mou. On November 15 of the same year, Sun Mouyi repaid 560,000 yuan. On the 18th of the same month, Kong Moumou deposited the above 566,560 yuan premium into the special account of social security funds and issued a invoice, and handed the invoice to Liu Moubing.

After Sun Mouyi repaid the loan of 560,000 yuan to Kong Xx, Zhao moumou gave Kong moumou more than 10,000 yuan in benefit fees.

The Huangzhou District Procuratorate held that defendant Kong X, as a state functionary, took advantage of his position to illegally possess public property in the form of fraudulently obtaining pension insurance funds from peasants whose land was expropriated, and the amount was huge; at the same time, the pension insurance premiums paid by the peasants whose land was expropriated were used for personal use, and the amount was not repaid for more than three months, and the amount was relatively large, and his behavior violated the first paragraph of article 382 and the first paragraph of article 384 of the Criminal Law of the People's Republic of China, the facts of the crime were clear, the evidence was credible and sufficient, and the crime of embezzlement should be committed. Criminal liability will be pursued for misappropriation of public funds.

The procuratorate believes that Kong's voluntary surrender and truthful confession of his crimes is voluntary surrender, and the first paragraph of article 67 of the Criminal Law of the People's Republic of China applies, which may be mitigated or mitigated. Defendant Kong XX admits the facts of the alleged crime, is willing to accept punishment, applies article 15 of the Criminal Procedure Law of the People's Republic of China, and may be given a lenient treatment in accordance with law.

Editor-in-charge: Yubing Tang

Proofreader: Yijia Xu