The husband's retired and sick wife concealed it
The retirement salary is more than 120,000 yuan
Children pretending to be deaf and dumb help transfer gains
Who would have thought that the organs were too clever
All three members of the family were sentenced
Basic facts of the case
Meng Mou, who is over seventy years old, has a husband and wife relationship with Lü Mou, and a mother-daughter relationship with Lü Jia and Lü Yi. Lu mou was originally a retired employee of a company, and Lu mou died of illness in January 2017. Meng did not report to the social security department, deliberately concealed the news of Lu's death, and continued to defraud the state social insurance treatment, and by July 2020, a total of 121913.95 yuan was defrauded of the national social insurance treatment. As Meng's sons and daughters, Lü Jia and Lü Yi, knowing that it was the money obtained by Meng Mou's fraud, helped him transfer it, of which Lü Jia helped transfer the fraudulent money of RMB 89,080 and Lü Yi helped transfer the fraudulent amount of RMB 16,500.
Court judgment
After trial, the court held that defendant Meng Mou fabricated facts, concealed the truth, and defrauded the pension insurance for the purpose of illegal possession, which was a huge amount, and his behavior had constituted the crime of fraud. Defendants Lü Jia and Lü Yi knowingly transferred the proceeds of crime, and their conduct constituted a cover-up or concealment of the proceeds of crime. Meng Mou was notified by telephone to the case, Lü Jia was summoned to the case, Lü Yi voluntarily surrendered, and all three of them truthfully confessed the facts of their suspected crimes, all of which were voluntarily surrendered and given light punishments according to law. After the incident, the three people took the initiative to return the defrauded property and decided to give a lenient punishment; Meng, Lü Jia, and Lü Yi admitted guilt and accepted punishment and were given a lenient treatment in accordance with law.
Finally, the Fengqiu County Court sentenced Meng to three years' imprisonment, suspended for four years, and fined him RMB30,000 for fraud; Sentenced Lü Jia to six months' imprisonment and a fine of RMB20,000 for concealing and concealing the proceeds of crime; and Sentenced Lü Yi to three months' detention, suspended for five months, and fined HIM 10,000 yuan.
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Judge's Statement
Pension refers to the basic pension, also known as retirement fee, is one of the most important pension insurance treatment. Pension is in accordance with the relevant national documents, after the workers are old or incapacitated, according to their contributions to society and the eligibility for pension insurance or retirement conditions, paid monthly or one-time in monetary form, the main purpose is to protect the basic life of the majority of retirees in their old age.
After the death of an insured person, if his immediate family members continue to receive pensions without reporting within the prescribed time limit, it shall be an act of fraudulent pension, that is, social insurance fraud. According to Article 88 of the Social Insurance Law, whoever fraudulently obtains social insurance benefits by fraud, falsification of supporting materials or other means shall be ordered by the administrative department of social insurance to return the social insurance funds fraudulently obtained and shall be fined not less than two times but not more than five times the amount fraudulently obtained. Article 94 provides: Where violations of the provisions of this Law constitute a crime, criminal responsibility shall be pursued in accordance with law. If the pension is fraudulently received, if the circumstances are minor, a fine shall be imposed and the excess amount shall be recovered, and if the circumstances are serious and the amount is huge, it constitutes the crime of fraud and shall be investigated for criminal liability in accordance with law.
After the death of the insured, the family should go to the public security department to cancel the household registration, the public security department will issue a death certificate, bring the death certificate and the cremation certificate of the cremation factory, identity card, household registration book, community certificate, the person's id card and other certification materials to the social security department to declare the termination procedures, account for and receive relevant benefits, and the social security department will calculate the corresponding funeral expenses, pensions and other benefits for the insured family in accordance with relevant regulations.
Judge reminds
The judge here reminds everyone that if the insured person unfortunately dies, the family can consult the local social security department about the provisions and procedures for the subsequent release of funds after the death of the insured, and should go to the public security department in time to handle the cancellation procedures, do not have the same psychology as the defendant in the case, cheat the state social insurance treatment, not only let themselves be imprisoned, but also let the family also end up with criminal punishment.
Author: Guo Wentao, Li Zhengsheng, Chen Hongzhen, Zhou Xianyan