At 9:00 a.m. on March 17, Huang Zhibo defrauded the victim of 117,000 yuan for fictitiously selling masks, and was heard in public at the Shanghai Pudong New Area People's Court for suspected fraud.
On March 17, 2020, Huang Zhibo defrauded the victim of 117,000 yuan for fictitiously selling masks, and was heard in public at the Shanghai Pudong New Area People's Court for suspected fraud. The pictures in this article are provided by the Shanghai Pudong New Area People's Court
The Paper's reporter learned from the trial that the defendant Huang Zhibo was sentenced to three years and three months in prison and fined 10,000 yuan for committing fraud.
Defendant Huang Zhibo was originally a trainee of Beijing Lehua Entertainment Culture Communication Co., Ltd. On February 7, 2020, he was criminally detained by the public security organs on suspicion of fraud, and on February 17, he was arrested with the approval of the Shanghai Pudong New Area People's Procuratorate, and on February 25, the Pudong New Area Procuratorate filed a public prosecution with the Pudong New Area Court against the defendant Huang Zhibo on suspicion of fraud.
Video footage of the trial.
The Pudong New Area Procuratorate alleged that after reviewing according to law, it was ascertained that on January 30, 2020, defendant Huang Zhibo published false information about the sale of masks in the online Tieba Bar. On January 31 of the same year, the victim Yuan X, after seeing the above information, got in touch with defendant Huang Zhibo, who falsely claimed that he had a large number of spot masks to sell to the victim, and in order to further gain the trust of the victim, defendant Huang Zhibo downloaded false identity documents, pictures of medical masks, production enterprise licenses, business licenses, product qualification certificates, packaging and courier videos, Yangzhou delivery addresses, etc., and sent the above false information to the victims through WeChat. Later, in the name of advance payment, a total of 117,000 yuan was defrauded of the victim Yuan. Later, defendant Huang Zhibo blocked the victim's WeChat and disappeared. On February 5, 2020, defendant Huang Zhibo was arrested and brought to justice, and after arriving at the case, he was able to truthfully confess the main facts of his crime.
The presiding judge stated that defendant Huang Zhibo and his defender had no objection to the facts and characterization alleged in the indictment, and that the defendant, defender, and prosecutor all agreed to apply the summary procedure in this case, so the case was tried in accordance with the summary procedure. The defendant voluntarily admits guilt and accepts punishment and signs an affidavit of guilt and acceptance of punishment, which may be used as an aggravating circumstance of the lenient punishment when sentencing the defendant.
Defendant Huang Zhibo
Defendant Huang Zhibo said at the trial that he had no job and usually had no income, "I went to look for (resources for medical masks) and did not find it." Huang Zhibo also said that he was willing to return dirty, and the fraudulent money was used for his own consumption.
"I blocked people on impulse at that time, and then I felt that I was very wrong and wanted to refund the compensation, but before I could return the compensation, I was arrested." I knew I was wrong and I was worried about my parents' bodies. Huang Zhibo said.
The defender believes that the defendant in this case, Huang X, is a first-time offender or an occasional offender, who usually behaves well and has no criminal record or previous conviction. Huang Moumou's subjective malignancy is relatively small, it is a momentary impulse, truthfully confess after arriving at the case, and cooperate with the investigation organs to collect evidence. At the same time, Huang's family actively helped to return all the stolen money, obtained the victim's forgiveness, and actually made up for the victim's losses.
The Pudong New Area Procuratorate held that defendant Huang X, for the purpose of illegal possession, fabricated facts and concealed the truth through the Internet, defrauded others of money in a huge amount, and his conduct had violated article 266 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 he should be investigated for criminal responsibility for the crime of fraud. Defendant Huang X can truthfully confess his main crime, which is a confession, and the third paragraph of article 67 of the Criminal Law of the People's Republic of China applies, and may be given a light punishment. In summary, it is recommended that defendant Huang X be sentenced to fixed-term imprisonment of not less than three years and six months and a fine. Defendant Huang X's behavior has caused a certain impact on society, has a relatively large social harm, and should be punished by criminal punishment.
In the final statement link, Huang Zhibo said again, "This matter is really what I did wrong, I feel very guilty, I want to find the victim to return the money, but my number was blocked and I couldn't find him, and then I wanted to add her husband's number and wanted to return and I was arrested, I'm really sorry, I know I'm wrong." I don't want my own things to affect my father's body. ”
The Shanghai Pudong Court held that defendant Huang Zhibo, for the purpose of illegal possession, fabricated facts through the Internet, concealed the truth, and defrauded citizens of money, which amounted to a huge amount, and his conduct constituted the crime of fraud. The facts and charges charged by the public prosecution organs are established and should be upheld. After Huang X arrived at the case, he was able to truthfully confess his crime, voluntarily admit guilt and accept punishment, and return the stolen goods in full with the help of his family, obtain the victim's forgiveness, and after comprehensive consideration, give him a lenient punishment in accordance with law. The defender's request for a lighter punishment was adopted. During the epidemic period of prevention and control of the new coronavirus pneumonia of sudden infectious diseases, Huang Moumou committed fraud crimes under the pretext of selling masks for epidemic prevention and control items, and was given a heavier punishment and should not be given a suspended sentence.
In the end, the Shanghai Pudong Court pronounced a verdict that the defendant Huang X committed fraud and was sentenced to three years and three months in prison and fined 10,000 yuan.