Fiction pays treasure to be brushed 122 times by pilfer to pay treasure claim for compensation, cheat so that insurance gold makes an appointment with 195 thousand yuan. Li Mou of 34 years old obtains punishment finally 5 years because of crime of fraud, punish gold 50 thousand yuan,
This rises to guide the pilfer that acts oneself brushs bilk case to undertook on June 27 final judgment adjudicates oneself. 19 days, relevant ruling circumstance is made public in net of Chinese judge copy clerk.
First trial court decision maintains: On March 3, 2017, li Mou fiction pays treasure account the fact that is brushed by pilfer, to pay treasure to raise claim for compensation, report a case to the security authorities to public security mechanism according to the requirement of this company. On March 7, 2017, the insurance agreement that Li Kaigong of the accused person cheats danger of money of the peaceful that get a country to be signed according to paying treasure and the RMB that compensate pays 195171 yuan.
2 careful kept this one court decision finally.
Mix in first instance in 2 careful, focus of this case controversy has 2, it is Li Mou pays treasure account to came in November 2016 whether is RMB of 122 defray plan between Feburary 2017 brushed 195171 yuan for other pilfer; 2 if,be " pilfer is brushed " department Li Mou is, this case constitutes crime of fraud or insurance crime of fraud.
Whose pilfer was brushed 122 times pay treasure?
Was born 1984, the Li Mou of elementary school culture is a free profession person. In the witness some 10 thousand are medium, li Mou comes from mahjong of mahjong room rub all the time, because card ability is no good, be defeated every time thousands of reach tens of thousands of yuan. Introduction Li Kaigong him introduction is to hold dish of hand, make a share, tsinghua university graduates, there is money very much in the home. Because believe its can be fried, 10 thousand some gives 600 thousand yuan Li Mou is fried.
On March 3, 2017, li Mou says to pay treasure account to be brushed by pilfer, to pay treasure to raise claim for compensation, report a case to the security authorities to public security mechanism according to the requirement of this company. Put on record of public security mechanism decides the book shows, li Mou on March 4, 2017, reported a case to the security authorities to public security mechanism on March 5, say to pay treasure to be brushed more than yuan 170 thousand by pilfer, hind public security mechanism on March 6, 2017 put on record is investigated.
Him Li Mou did not buy account capital loss to be sure, as a result of the country accept insurance of peaceful money risk the individual that pays treasure pays loss of treasure account capital insurance, to insurant by this company Li Kaigong undertook compensate 195171 yuan of experience case pay.
Material of front courtyard careful shows, two employee of group of ant banking service are examined in after the event in discovery is doubtful call the police, additionally 51 when Li Kaigong pretends involve 67708 yuan not compensate pays.
On March 23, 2017, the policeman is captured to Li Kaigong, the room that lives to its undertakes ransacking, notebook computer is hunted down below the quilt 1, malic mobile phone is hunted down below the sheet 2, additional hunt down a bank to block 10 pieces. On December 22, 2017, commit crime of fraud in order to accuse Li Mou without procuratorate of people of division of brook of stannic city bridge to forensic to sue.
Li Mou pays treasure account one of central points that whether 195171 yuan are other pilfer to brush to RMB of 122 defray plan between Feburary 2017 in November 2016 is front courtyard careful two. In first instance, li Mou denies his to constitute crime of fraud, explain its ever gave its mobile phone, computer a small letter is called " sorching " , be called Xi Mou really (homophonic) man, let this man help its fry, do not eliminate to fasten this man pilfer to brush. In 2 careful appeal, li Mou put forward to did not commit the crime again time at 4 o'clock reason, think oneself do not constitute crime of fraud.
Li Mou paraclete basically defends in what 2 careful put forward the opinion is, original trial decides the blame is accurate, fasten first offence, casual offender in view of Li Mou, request to be punished lightly to Li Mou.
About Li Mou and the main appeal reason that specify paraclete to put forward, apologetic opinion, 2 careful court thinks via checking:
1. Li Mou arrives after the case, call for saying to use small letter close first " sorching " the man is poplar surname Peking Man, the full name that says to see this man again after is " Xi Mou " , public security mechanism undertakes checking to this, did not check the man that calls information conform to with Li Mou.
The 3. chatting record according to Li Mou and Qian Mou, the evidence such as circle of friend of the photograph in Li Mou mobile phone, small letter carries bright circumstance, during can proving Li Mou says its pay treasure account to be brushed by pilfer, use the mobile phone in ormosia international square by him Li Mou, li Mou says to explain in what time did not commit the crime inside inn of legend sufficient bath give without relevant evidence support.
During 4. Li Mou says the capital in paying treasure account is brushed by pilfer, the capital in paying treasure account turns actually into 90011.cc website to register account user name to be " Li666666li " inside account, the agricultural bank card of mailbox of the mobile phone number that this account fastens use Li Mou to use, QQ and Li Benren register, this account is said to be brushed by pilfer in Li Mou during, draw fund the agricultural bank to him Li Mou to get stuck from gamble website for many times, can affirm this account department to Li Mou is registered and be used accordingly. As to mobile phone number whether real name buys him Li Mou not to affect its to register account in gamble website.
5. appellant Li Mou gets a 190 thousand Yu Yuan hind in bilk, treasure company get behind is paid when using same method to carry out bilk again and report a case to the security authorities to public security mechanism, reason cannot maintain his to be first offence, casual offender. Basis of first trial court guilty clue of Li Mou, admit one's guilt the manner, to its place condemn is punished proper.
2 careful court thinks, li Mou and a:appellant reason that specify paraclete to put forward, apologetic opinion all cannot hold water, do not grant to adopt.
Is bilk still insurance bilk?
The money that involves in this case is manage by insurance company of compensate. If " pilfer is brushed " department Li Mou is, does this case constitute crime of fraud or insurance crime of fraud?
Court of first instance thinks, li Mou is bought not actively pay treasure account safe danger, the manage reparations that its obtain is to be based on pay Bao Xiangguo peaceful to produce cast the individual that protect to pay loss of treasure account capital insurance nearly, although Li Mou of the accused person belongs to insurant, but because should be sure to cooperate,the agreement is not made public external, the accused person reachs content to insurance agreement not know the inside story, its are subjective going up is to pay treasure claim for compensation, go up objectively to also did not put forward manage compensate to insurance company, and 195171 yuan also are from pay treasure to turn Zhang enrols merchant bank to get stuck to Li Mou, reason appropriate maintains crime of fraud, crime of fraud of unfavorable cognizance insurance.
In the 2 careful ruling June 29, think first trial adjudicates adjudgement process is legal, cognizance fact is clear, evidence really, sufficient, applicable law is correct, measurement of penalty is proper. Reject appeal, maintain original judgement.
Relevant law laws and regulations -- " criminal law of People's Republic of China "
The 266th bilk is state-private property, number is larger, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; Amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, punish gold to perhaps confiscate property. This law has a regulation additionally, according to regulation.
The 64th criminal violates all property of earning, ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken; To the lawful belongings of the injured party, ought to return in time still; Contraband and him property that use for guilty place, ought to give confiscate. Confiscatory property and fine, treasury of same turn over to the higher authorities, do not get divert and proper motion processing.
