Recently, the Ping An China Construction Coordination Group deployed a special action to combat and rectify pension fraud across the country. Subsequently, all organs throughout the country severely cracked down on the crime of pension fraud in accordance with the law, focusing on punishing crimes such as fraud, fund-raising fraud, contract fraud and other crimes that infringed on the legitimate rights and interests of the elderly in the name of providing pension services, investing in pension projects, selling pension products (health care products, collectibles, etc.), and agency pension insurance. This group of criminal cases specializing in defrauding the elderly shows and dissects the criminal methods of criminals as a warning.
NO.1
It is said that it is safe to make money and attract the elderly to invest
False propaganda and high-interest lure lay traps
The fact of fictitious operation of cultural collection investment, concentrated on public publicity for the elderly group, with high interest as bait, illegally raised more than 28 million yuan, involving 280 participants in fundraising. In view of the actual situation of the case, the Yuhua District Procuratorate of Changsha City, Hunan Province, divided the 7 criminal suspects into 3 cases according to the order of arrival, and filed a public prosecution with the court in batches. A few days ago, the court initiated a public prosecution against the third batch of defendants Yuan X, Long X and Wang X who were suspected of fund-raising fraud and illegally absorbing deposits from the public.
False propaganda
From 2015 to 2021, the salesman of a cultural company in Changsha has set up booths and distributed leaflets in parks, squares and other places where the elderly like activities, and recommended wealth management products for investing coins to them with high interest rates of 15% to 18%.
"At the beginning, I didn't quite believe in this wealth management product, but the salesman always promoted that this kind of investment would be stable and profitable, and showed us a contract that said 'the wealth management product has no market risk and guarantees investment income', and I was moved." I thought that instead of putting my retirement salary in the bank, I would invest in this company. Sun Mou, an old man who purchased the company's wealth management products, said.
It is understood that after the initial publicity for the public, the company focused on combing through a list of potential customers. According to this list, the salesman invites the elderly who are interested in financial products to visit the company's exhibition hall through telephone contact and other means, and the staff will display a batch of commemorative coins, coins and other commodities to them. The salesman Li Mou and others are responsible for playing the role of cultural collection appraisal masters, exaggerating the market value of the above commemorative coins to the elderly and attracting the elderly to invest. These cultural collections, which claim to have high appreciation space, are purchased by Yuan, Li and others themselves, and do not have substantial appreciation value.
Sell more than one thing
After luring the elderly to sign an investment agreement through false publicity and illegal promises of high interest, the company guided the elderly to continue to store the purchased coins in the name of entrusted custody and company repurchase on behalf of investment.
Without the knowledge of the previous investor, the company continued to sell the same batch of commemorative coins and coins to later investors. "For example, the same set of 'Washi circulation commemorative coins', its market value ranges from tens of yuan to hundreds of yuan." The company sold to the previous investor for $12,000, but sold to another investor for $9,800. The company's salesmen do not have professional cultural collection appraisal qualifications, and are also suspected of false publicity and selling more than one thing. The prosecutor who undertook the case introduced.
The capital chain is broken
Without operating any real estate, how to achieve high interest payment? Without the approval of the relevant financial institutions, the company uses the funds invested by the elderly to pay employees' salaries and carry out corporate business activities. The interest and other income obtained by the fundraising participants in the early stage comes from the funds invested by the participants in the later fundraising - the company illegally raises funds by paying back the old and new, demolishing the east wall to make up for the western wall, etc., until the customer's resources are exhausted and the capital chain is broken. In the end, because the principal paid could not be paid, the participants in the fund-raising went to the public security organs to report the case.
After the incident, the public security organ invited the Yuhua District Procuratorate to intervene in advance to guide the investigation and collection of evidence. On the basis of the public security organs' request to review and arrest the company's founder and actual controller Xu X and his wife Xiang X, the legal representative Li X, the financial officer Yang X, and four others, the procurator found that the salesmen Yuan X, Wang X, Long X and others were suspected of joint crimes after review, so they issued a recommendation to the public security organs that the criminal suspects should be arrested, urged the public security organs to pursue other criminal suspects to the case, and at the same time actively carried out the work of recovering stolen goods and recovering losses. In March this year, the public security organs successively arrested Yuan, Wang, Long and others.
In order to allow the investment funds of the fundraising participants to be returned as soon as possible, in view of the actual situation of the case, the court divided the 7 criminal suspects arrested into 3 cases according to the order of arrival, and filed a public prosecution with the court in batches. In November 2021, the yuhua district court sentenced the yuhua district court to fixed-term imprisonment ranging from 10 years to one year and six months for committing fund-raising fraud and illegally absorbing public deposits.
The first batch of defendants, Xu X, and Xiang X, who are suspected of fund-raising fraud and illegally absorbing deposits from the public, have been tried, and the court will announce the verdict at a later date.
NO.2
Defrauding the elderly in the name of agency pension insurance
Criminals take advantage of the psychology of some elderly people who want to take shortcuts to carry out fraud
A few days ago, the procurator of the Nanjiang County Procuratorate in Sichuan Province learned during a return visit that the family of He Mou, a defendant who committed fraud in the name of handling pension insurance, once again raised funds to repay the 3 victims of more than 20,000 yuan, and at the same time, the court has launched judicial rescue procedures for victims with family difficulties.
He is an assistant director of a community in Jizhou Subdistrict, Nanjiang County, who is responsible for the management of the community on a daily basis and is trusted by the masses. But outside of work, she has always been addicted to online gambling, and has repeatedly borrowed money from friends and borrowed money on online platforms for gambling. In order to repay high gambling debts, from May 2020 to January 2021, He used his identity as a community cadre to falsely claim that he could handle the pension insurance of landless farmers on behalf of him, defrauding 21 elderly people such as Xiong Mou of a total of more than 650,000 yuan.
In March 2021, some people learned that the village community did not have the right to help handle the pension insurance for landless farmers, and had to go to the window of the Social Security Bureau to handle it, so they found He Mou to negotiate and refund the handling fee. But at this time, He had already used all the more than 650,000 yuan he received to gamble and repay debts, and the villagers had no choice but to call the police for help. After learning that the villagers called the police, He mou waited at the scene to be caught by the public security organs. After arriving at the case, she truthfully confessed all the facts of her crime. In June 2021, the public security organs transferred the case to the Nanjiang County Procuratorate for review and prosecution.
After review, the procurator believes that He used the public's trust in community cadres to use deceptive methods to defraud others of their property, the amount is particularly huge, the facts of the crime are clear, the evidence is indeed sufficient, and he should be investigated for criminal responsibility for the crime of fraud.
At the same time, in order to recover the victim's losses as soon as possible, the procurator fully explained the law and reasoned, and He expressed his willingness to admit guilt and accept punishment. According to the situation that He X was willing to repay the debt but was unable to repay it, the procurator patiently persuaded him many times, and finally promoted the victim and He's close relatives to reach a compensation agreement, and the two sides agreed to repay the debt in installments. In December 2021, after a public prosecution initiated by the Nanjiang County Procuratorate, the court sentenced He to nine years' imprisonment for fraud, fined him 60,000 yuan, and ordered him to return all economic losses to the victims.
It is reported that since 2019, the Sichuan procuratorial organs have prosecuted 20 cases and 25 people for committing fraud crimes in the name of handling pension insurance, involving more than 750 victims and involving more than 65 million yuan. Obviously, the deception technique is very clumsy, why can the liars get it so easily? In handling the case, the procurator found that because the statutory conditions need to be met when handling and receiving pension insurance, some employees of departing enterprises, over-aged personnel, and the elderly with insufficient working age and accumulated payment of less than 15 years became "outsiders" of pension insurance, and criminals took advantage of their psychology of wanting to take shortcuts to carry out fraud. In this regard, in recent years, Sichuan procuratorial organs have cracked down on illegal crimes related to pension insurance fraud in accordance with the law, vigorously promoted the publicity activities of the rule of law, and protected the legitimate rights and interests of the elderly to the greatest extent.
Source: Procuratorial Daily
Editors: Zhu Meng, Snowman 丨 Review: Kaisen, Yu Xin
Producer: Xi'an Newspaper Media
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