A woman in Inner Mongolia pretended to be her sister and worked in her unit for 14 years after her sister died. After that, he went through the retirement procedures in his sister's name and received a pension for 15 consecutive years, with a total amount of 393,676.92 yuan. After the incident, the woman confessed to the facts of her crime, and the court sentenced her like this!
An Yu has been worried for 15 years, and finally the truth is revealed, and she is destined to suffer this lawsuit.
It all started 30 years ago, when my sister unfortunately passed away.
An Yu's sister An Qin is an employee of a local factory, who is down-to-earth and intelligent, and works hard.
However, there were unforeseen circumstances, and Anqin died in a sudden car accident, and he was not very old at the time, and he was only in his 30s. The whole family was immersed in grief.
In the early nineties, the job of a factory worker was still very popular, so after some discussion with the family, it was decided to let An Yu pretend to be her sister and continue to work in the factory.
The family concealed An Qin's death, so An Yu went to work in Anqin's factory according to the results of the family's discussion.
Since then, there has been no such person as An Yu, and An Yu has been working in Anqin's factory for 14 years.
In the past 14 years, An Yu has been living an unsteady life, and he is always afraid of the East Window incident one day. But let her give up the years of service she had accumulated, and she was reluctant.
So, just like that, I stayed up day after day, and finally looked forward to the age of retirement.
In 2008, An Yu went through the retirement procedures at the local social security bureau in the name of An Qin.
After completing the retirement procedures, An Yu finally breathed a sigh of relief, and now he could sleep peacefully.
She thought that everything was over, and all that was left was a stable retirement life, living a leisurely life and receiving a pension.
Indeed, such a leisurely day has passed for 15 years.
But paper can't contain the fire after all, and the truth is still exposed to the sun.
At noon that day, An Yuzhen was cooking for her little granddaughter at home, and suddenly received a summons call from the local public security bureau.
At that moment, her legs were scared and weak, but she still had to face what she should face.
So, from a legal point of view, how do we determine this?
1. During the review and prosecution stage, An Yu truthfully confessed the facts of the crime, voluntarily pleaded guilty and accepted punishment, and made restitution to the victim's economic losses.
Article 9 of the Several Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on the Application of Summary Procedures in the Trial of Public Prosecution Cases provides:
The people's courts are to give lighter punishments to defendants who voluntarily admit guilt as appropriate.
In other words, admitting guilt is the act of admitting one's own guilt.
An Yu defrauded her 15-year pension, which is a fact, she confessed to the crime, and her attitude of admitting guilt and accepting punishment was good, indicating that she realized her mistake in her heart.
2. The court held at trial that the defendant An Moumou, for the purpose of illegal possession, concealed the truth, fraudulently used the name of the deceased person to defraud public property, and the amount was huge, and his behavior constituted the crime of fraud.
Article 266 of the Penal Code provides:
where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;
where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;
where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
In the end, after trial, the court sentenced the defendant An Yu to three years in prison, suspended for four years, and fined 25,000 yuan.
3. After the death of her sister, An Yu pretended to be her sister's name to defraud her pension of her pension, which violated the principle of good faith.
Article 7 of the Civil Code provides:
Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their commitments.
However, there are also online comments saying:
"It's a substitute for work, and it's not a substitute for happiness, and after 14 years, isn't it worthy?"
"I didn't find it when I was working, but I found out when I retired."
In any case, it was a deception to replace the job from the beginning.
There is a problem with the foundation at the beginning, so even if the back floor is high, there will always be a point of collapse.
Therefore, being down-to-earth is the best way to protect yourself.
What do you think about this matter, welcome to leave a message in the comment area!