Huangyuan County People's Court of Qinghai Province

punish

Material judgment

(20 15) No.72, Yuanxing Zi Chu

Huangyuan County People's Procuratorate is the public prosecution organ.

Defendant Li Shiyan, female, Han nationality, unemployed.

Defender Rong Zhang, lawyer of Qinghai Huiyuan Law Firm.

The People's Procuratorate of Huangyuan County accused the defendant Li Shiyan of committing fraud with indictment No.63 (20 15), and filed a public prosecution with our court on 201513. After the court accepted the case, a collegiate bench was formed according to law and the trial was held in public. Hou Ji Maoji, the appointed agent of Huangyuan County People's Procuratorate, appeared in court to support the public prosecution. The victims Meng Moujia and Li Mou, the defendant and his defender attended the proceedings. The trial is now over.

Huangyuan County People's Procuratorate accused that from August 20 14 to February 20 15, the defendant pretended to be the relatives of Li Moujia and other leading cadres in Huangyuan County and the staff of Qinghai Provincial Construction Department to defraud Meng Moujia100 on the grounds of investing in Longyangxia Hardened Road Project, reselling Xining Road Guardrail Project, bidding for Ping 'an Fill Project and slope protection project of Ping 'an Expressway. Defrauding Lan Moumou of 2 1 10,000 yuan; Cheat Li 1.5 million yuan. Defendant Li Shiyan defrauded 468,000 yuan. All the stolen money has been squandered now.

In response to the above allegations, the public prosecution agency presented relevant evidence to the court, arguing that Li Shiyan, the defendant, cheated by means of fictional facts, and the amount of fraud reached 468,000 yuan, which was huge. His behavior has violated the provisions of Article 266 of the Criminal Law of People's Republic of China (PRC), and the defendant Li Shiyan should be investigated for criminal responsibility for fraud. It is suggested that the defendant Li Shiyan be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

The defendant argued that the criminal facts of Lan Moumou and Li Mou accused by the public prosecution agency were all recognized, but the money taken from Meng Mou's family was taken by Meng Mou's family and was not recognized; I didn't fabricate the facts, and I didn't have any subjective intention, so I asked for a mitigated punishment.

Defender pointed out that the running record of bank transfer with Meng Moujia could not prove that 526,000 yuan was defrauded from Meng Moujia, and the defendant, the victim Meng Moujia and his father Meng Mouyi had different opinions on the number, amount, payment method and amount composition of the loan in public security organs, procuratorial organs and court trials, which lacked consistency. Therefore, the public prosecution agency can't determine the fact that the money exists just by an iou. Defendant Li Shiyan pleaded guilty voluntarily, confessed truthfully after the incident, showed remorse, and was a first-time offender and an occasional offender, requesting a lighter punishment.

It was found through trial that from August 20 14 to February 20 15, the defendant pretended to be the relatives of leading cadres such as Li Moujia, director of the Standing Committee of Huangyuan County People's Congress, and the staff of the Construction Department of Qinghai Province, and defrauded Lan Moumou of 2 10000 yuan on the grounds of investing in the hardened road project in Longyangxia, and defrauded Li/by reselling the bidding documents for the road guardrail project in Xining City. Cheat Meng Moujia for 20,000 yuan. Defendant Li Shiyan defrauded 380,000 yuan. All the stolen money was squandered.

The above facts are proved by the following evidence and cross-examined by our hospital:

(1) Evidence that the defendant defrauded the victim Lan Moumou of 2 1000 yuan;

1, China agricultural bank jinsui debit card statement, bank card withdrawal receipt, certificate from Dong Jiao branch of Huangyuan county of China agricultural bank, and bank statement of Li Shiyan agricultural bank, which prove the bank card 20 14 165438 and LAN moumou on October 9, 2065438/kloc-0.

2. 1. IOU, which proves the IOU of RMB 230,000 issued to Lan Moumou on October 9, 2004.

3. The victim Lan Moumou said that he knew Li. Li Shiyan claimed to be an accountant in the Construction Department of Qinghai Province. His father was the county leader Li Moujia, and michel platini was a major leader of the Qinghai Provincial Government. 20 1 165438+20041October 9, Li Shiyan said that he needed 230,000 yuan to purchase the bid for the road guardrail project in Xining, and promised to repay the principal of 230,000 yuan and issue a bonus of 70,000 yuan after reselling the bid for one week. Believe it, after asking her boyfriend Li to guarantee, she transferred 220,000 yuan and 1 1.5438 million yuan in cash successively on1October 9, and * * * 230,000 yuan. Li Shiyan wrote an IOU for 230,000 yuan. Years ago, I paid back 20,000 yuan, leaving a gap of 2 1 10,000 yuan.

4.2. Witness Li's testimony, which proves that in 2004 10, he borrowed 230,000 yuan from Lan Moumou on the grounds that he was in urgent need of money to purchase the project tender, and signed the loan receipt as a guarantee. Lan Moumou gave 10000 yuan in cash at that time, and he didn't know how to pay back the remaining 220,000 yuan.

5. The defendant confessed that on June 20 14, 10, she knew Lan Moumou through her boyfriend Li, and told Lan Moumou that she worked as an accountant in the Provincial Construction Department and needed to borrow 230,000 yuan to purchase the bidding documents for two projects: safe filling and slope protection of Ping 'an Expressway. After the two negotiated at a five-point profit, Lan Moumou transferred the money to her card, and she issued an iou of 230,000 yuan. I've already paid 30 thousand, and I still owe 200 thousand. Li told Lan that he was Li's daughter.

(2) Evidence that the defendant defrauded the victim Li10.5 million yuan;

1. Debit card details of China Agricultural Bank, which prove that there was RMB 50,000.00 Yuan in Li Shiyan card number 2065438+ on August 27th, 2004; On August 27th, 20 14, there were 65,438+million; On August 3, 2004, I paid XXX and deposited 10000 yuan; The fact that 20,000 yuan was transferred on September 3, 20 14.

Notice from the customer of Shaanxi Branch of Agricultural Bank of China, which proves that on August 27th, 2065438+2005, Li Mouyi, the brother of the victim Li, deposited 50,000 yuan in cash from Shaanxi Branch of Agricultural Bank of China in five times.

The personal information inquiry form of Qinghai Branch of China Construction Bank, which proves that Meng Moujia transferred RMB 30,000 to Li Mouyi's account on October 27th, 20 14/kloc-0.

4. The victim, Li, said that she started to fall in love with her in 2003 after meeting her on WeChat 20 1 1. Li Shiyan claimed to be the daughter of Li Moujia, the leader of the county party committee, and worked in the Construction Department of Qinghai Province. Her mother is the main leader of the Civil Affairs Bureau, and michel platini is the vice governor of Qinghai Province. At the end of August, 2065438+2004, Li Shiyan got a footbridge project in Hainan through his company, and asked him to partner and share the money according to the investment proportion. Borrowed 6,543,800 yuan from his father Li Mobing, 50,000 yuan from his brother Li Mouyi, 20,000 yuan from his friend Su Moumou, and 6,543,800 yuan from his comrade-in-arms Fu Moumou. In July and August of 2065.438+04, his family and friends directly transferred the money to the Agricultural Bank of China card in Li Shiyan. Before his arrest, Li Shiyan borrowed 30,000 yuan from Meng Mouyi and returned it to his brother Li Mouyi. The fact that Li Shiyan often buys clothes in Wangfujing.

5.2. Testimony of witness Li Mobing, which proves that on July 22nd, 20 14, she went back to visit relatives in An as Li's girlfriend and claimed to work in the urban construction department of Xining. His father is Li Moujia, deputy magistrate of Huangyuan County, and his mother is the director of the Civil Affairs Bureau of Huangyuan County. Later, Li Shiyan defrauded him of 654.38+million yuan on the grounds of contracting a project in Hainan Prefecture, Qinghai Province, and remitted it to Li Shiyan account around August 28, 2065.438+04. Halfway through, on the grounds that the project payment could not be turned over, Li Tongxue Su Moumou was defrauded of 20,000 yuan and remitted to the account, accounting for 1.2 million yuan.

6. The defendant confessed that in August 20 14, he used the rumor of Hainan Island Pedestrian Overpass Project to trick Li into saying that the project was obtained through the Construction Department of Qinghai Province, and asked Li to partner with him to do this project, and after the project was completed, he would pay dividends according to the investment ratio. Li borrowed RMB 6,543,800+500,000 from his family and friends as a project investment. Later, I borrowed 30,000 from Meng Moujia and returned it to Li.

(3) The defendant Li Shiyan defrauded the victim Meng Moujia of 20,000 yuan;

1, bank card transaction list of China Agricultural Bank, which proves that 1 165438 yuan was transferred to Meng Mojia's account on October 20th, and165438 yuan was transferred to the card number on October 20th.

2. 1. receipt, which proves that the defendant repaid 300,000 yuan to Meng Mouyi (Meng Moujia's father) on February 65438, 2005.

3. Li Shiyan IOU: to prove the fact that Meng Mojia borrowed RMB 654.38+04.654.38+04.02.9 yuan.

4. The victim, Meng Moujia, claimed that he met Li on June 20 14 and borrowed 97,000 yuan from him, which has now been returned. 20 1 14 year 10 month, Li Shiyan needed 520,000 yuan for the Longyangxia hardened road project, and promised to give him more rewards to cheat him into investing 300,000 yuan after completion. After transferring the card180,000 yuan given by Zhang Yi to his own agricultural bank card, he transferred180,000 yuan to Li Shiyan's agricultural bank card the next day. Later, Li Shiyan was given 20,000 yuan and * * * 300,000 yuan. Later, Li Shiyan said that he didn't have enough money and borrowed 50,000 yuan in cash. Around 20 14 and 1 1, Li Shiyan borrowed 140,000 yuan for the second time in the name of Xining Road guardrail project, and transferred part of it from its agricultural bank card by transfer. Transfer more than RMB 10000 to the CCB card provided by Li Shiyan (I don't remember the name of the cardholder). Later, Li Shiyan borrowed another 36,000 yuan. The above total is * * * 526,000 yuan, and 300,000 yuan has been repaid.

5. Witness Zhang Mouyi's testimony proves that in June, 2065438+2004, Meng Moujia introduced her, saying that she was the daughter of county leader Li Moujia and had a hardened road project in Longyangxia, which allowed her to invest 350,000 yuan. Later, because she didn't have time to do the project, she lent Meng Moujia 350,000 yuan to make her own investment, and Meng Moujia promised to pay her 50,000 yuan in interest. At that time, Li Shiyan herself called her the daughter of Li Moujia. 2065438+At the beginning of February 2005, Meng Moujia paid back 350,000 yuan. Because Meng Moujia was cheated by Li Shiyan, the promised interest of 50,000 yuan was only 30,000 yuan. 20 1 14 10, Li Shiyan said that he needed money urgently. He lent190,000 yuan twice, the first time he gave 40,000 yuan in cash, and the second time he transferred150,000 yuan to the agricultural bank card in Li Shiyan. 2065438+At the beginning of February 2005, Li Shiyan repaid the principal of 40,000 yuan with interest of 1 10,000 yuan. A few years ago, a man named Li Mouding claimed to be his father and paid the remaining 15000 yuan before she realized that she was not Li Moujia's daughter.

Testimony of witness Meng Mouyi, which proves that during the period of 20 14 1 1, his son Meng Moujia claimed that the girlfriend of the captain of the company's armed police squadron had a project and wanted to cooperate with Meng Moujia. After Meng Moujia brought the woman home, the woman called her Li Shiyan, a native of Huangyuan County and an accountant of the Construction Department of Qinghai Province. Her father is Li Moujia, and there is a hardened road project in Longyangxia, and she wants to earn some money by herself. Let her invest 250,000 yuan and earn 6.5438+0.5 million yuan in three months. Because it didn't sound right, there was no clear answer at that time. And told Meng Mojia to be careful when earning more. However, it was not until 20 15 and 1 that Meng Moujia was forced to repay the debt and told him that he had borrowed 300,000 yuan from Zhang Mouyi and gave it to Li Shiyan. At his urging, Li Shiyan evaded it for various reasons. During this period, a man who claimed to be her father Li Moujia answered the phone and prevaricated. Later, he discovered that Li had no daughter at all, so he exposed Li Shiyan. Li Shiyan * * * cheated Meng Moujia of 526,000 yuan. Before reporting the case, she had already paid back 300,000 yuan, leaving a gap of 226,000 yuan. At that time, Meng's 300,000 yuan had interest of 6.5438+million, and Li Shiyan gave Meng Shenghu an iou.

7. Witness Li's testimony proves that he is the father. Li Shiyan doesn't have a regular job, and claims to teach in Xining kindergarten, with a monthly salary of 1000 yuan. There has never been a dopted mother named Li Yan in Li Shiyan. She occupies a leading position in the biological garden. After Li Shiyan cheated others, her descendants borrowed money from relatives. Li Shiyan repaid 300,000 yuan to Meng Moujia, accounting for100,000 yuan, and 6,543.8+0.5 million yuan to Zhang Mouyi, all of which have been paid off. In addition, it received 200,000 yuan from Lan Moumou and 6.5438+0.5 million yuan from Li. Li Shiyan has never bought anything valuable from home.

8. Defendant Li Shiyan retracted his confession in court, proving that Meng Moujia was ready to invest after knowing that he had a project, and agreed to borrow 300,000 yuan from Zhang Mouyi. The next day, because Meng Moujia wanted to book a car, he had already taken away 30 thousand yuan, and Zhang Mouyi only gave Meng Moujia 270 thousand yuan. Later, due to the difference of 50,000 yuan, he and Meng Moujia borrowed 50,000 yuan in cash from Zhang Mouyi and deposited it in Meng Moujia's card. After Meng Moujia booked a car, he paid 50 thousand yuan to his card, and his credit card paid the deposit for Meng Moujia to buy a car. Later, Meng Moujia repaid the usury, treated his uncle and used the money to refuel in the car. Half a month later, Meng Moujia proposed that his uncle had to work and needed project bidding, and claimed that he had a bidding for the guardrail project in Xining, so Meng Moujia gave him a difference of 6.5438+0.6 million yuan. A few days later, Meng Moujia gave him 6.5438+0.5 million yuan, including interest of 6.5438+0.6 million yuan * * 6.5438+0.6 million yuan. Later, after Meng Moujia's father knew it, he asked him to issue a loan to Meng Moujia at one time.

(4) Evidence of other facts in this case:

6. 1, report materials, 1 10 police information, case registration form and case arrival process, which prove the fact that the public security organ summoned the defendant and detained him criminally after receiving the report from Meng Mouyi and Lan Moumou;

2. Household registration certificate, which proves the household registration, age and identity of the defendant Li Shiyan;

3. Identification record, which proves the fact that witnesses Zhang Mouyi and Zhang Mobing identified Li Shiyan's photos after the incident;

Certificate of the Management Committee of Biotechnology Industrial Park in Xining Economic and Technological Development Zone, which proves that there is no Li Yan in this unit.

5. Proof, which proves that Li Shiyan worked as a temporary substitute English teacher at Cambridge University in Xining Hongtu Training Center from September 2008 to July 2009, with a monthly salary of 1500 yuan, and worked as a temporary substitute Chinese teacher at Qingshuihe Primary School in Zongzhai Town, Huangzhong County from March 20, 2009 to July 0, with a monthly salary of 800 yuan;

6. The certificate issued by the Personnel Department of the Housing and Urban-Rural Development Department of Qinghai Province, which proves that Li Shiyan has never worked in this department as a regular employee or a temporary worker.

7. Certificates from Xining Real Estate Trading Center and Huangyuan County Vehicle Management Office, which prove that there is no housing property right and motor vehicle registration information in Li Shiyan.

8. The bid-winning notices and certificates of Qinghai Provincial High-grade Highway Construction Administration, Haidong Ping 'an District Housing and Construction Bureau, Xining Chengbei District, Chengzhong District, Chengxi District, Chengdong District Construction Bureau, * * County Transportation Bureau and * * County Development and Reform Bureau prove that since 20 14, there has been no Ping 'an Expressway slope protection project and Hainan Island overpass project, and Guangdong Zhanjiang Construction Engineering Co., Ltd. has never been in Qinghai Province. The construction and maintenance of sidewalk guardrails on main and secondary roads in Xining has never been contracted to Li Shiyan.

9. 1. Consumption details and vouchers, which prove that Li Shiyan spent RMB 5,765,438 on the VIP card of Wangfujing Department Store Center from March 4, 1965 to June 30, 1965. From August 1 day, 2065438 to August 1 day, 20 1 day and1day, the consumption reached more than 400,000 yuan; The membership cards1October 20th112 to1October 20th1565438+30 held by Li Shiyan spent 3356 1 yuan in Xining Dingyi Barber Shop; From April 25th, 2065438 to April 25th, 2004, the membership card held by Xining spent 28,068 yuan through facial and body care.

10, seizure list and criminal photos, which prove that the high-end clothes, jewelry, watches and cosmetics that Li Shiyan bought with the illicit money have been seized by the public security organs and transferred with the case;

1 1. The testimony of witness Li Moujia proves that he is the director of Huangyuan County People's Congress, and there is only one son in his family, no daughter, and he doesn't know him.

12 witness Chen's testimony proves that he often takes his taxi. She once said that her father is a county leader and michel platini is a provincial leader. She herself worked in the Construction Department of Qinghai Province, and borrowed135,000 yuan from her on the grounds that she needed to decorate her house in Hu Hai New District or bid for new projects, and now she has returned120,000 yuan. From April to August in 20 14, she often dragged Li Shiyan from Huangyuan to the gymnasium parking lot next to Xining Central Square. Every time, she said that she would go to the Qinghai Provincial People's Government to get things from her michel platini, and she would come back after 2-3 hours. The freight cost was 150 yuan.

13. Witness Zhang Mobing's testimony proves that he is the counter manager of Zhuo Ya in Hall A of Wangfujing Department Store. In June of 20 14, Li Shiyan often spent about 70,000 yuan or 80,000 yuan in this store. Li Shiyan claimed to work in the provincial government, and usually engaged in some projects by himself. 20 14, 1 1, she paid Li Shiyan 5800 yuan for clothes and never borrowed money from Li Shiyan.

14. The testimony and all memories of the witness Tu Moumou prove that he worked in a small loan company (now cancelled) on 20 13. At the end of 20 13, Li Shiyan claimed to be working on a project, borrowed 50,000 yuan from the company and paid off the interest for one month. Later, when he repeatedly contacted Li Shiyan for repayment, Li Shiyan just answered the phone and paid the overdue interest. He has never done business related to construction projects, never done business with Li Shiyan, and never mentioned anything related to the Li Shiyan project. There is no fact that there is a brother-in-law surnamed Zhao.

15. The testimony of witness Zhao Moumou proves that he is the manager of Qinghai Branch of Zhanjiang Construction Engineering Group Company in Guangdong Province. He has never heard of Ping 'an earth filling project, Hainan pedestrian overpass project, Xining road guardrail project, Longyangxia hardened road project, and he doesn't know or paint someone.

The above evidence has been confirmed and cross-examined in court. The source of the evidence is legal, the content is objective and true, and the evidence can be mutually verified, which is in line with the authenticity, legality and relevance of the evidence, and all of them are accepted by our hospital.

As for the loan of RMB 654.38+million issued to Meng Moujia on October 20th, 2065 submitted by the public prosecution agency, the defendant and his defenders have objections to this evidence, and there is no other evidence to confirm it, so it is not recognized.

The victim objected to the authenticity of an iou submitted by the defender, which stated that Meng Moujia owed interest108/00/220,000 yuan in 2065. The defendant did not apply for identification after the explanation of our court, and there was no other evidence to confirm it, so it was not recognized.

In view of the opinions of the public prosecution agency, the defendant and the defender on the amount of fraud of the victim Meng Moujia, the comprehensive judgment of our court holds that the victim Meng Moujia's statements about the composition and payment method of the first 300,000 yuan cheated in the statements of the public security organ and the procuratorial organ are inconsistent, and his father Meng Mouyi's explanation includes: Meng Moujia had an interest of 65,438+10,000 yuan on the 300,000 yuan at that time, which was used by the victim Meng Moujia and the defendant who had been transferred by the public security organ to Meng Jing. The defendant and the defender denied in court the loan of 65,438+10,000 yuan issued by Li Shiyan to Meng Moujia, and proposed that Meng Moujia owed money. Therefore, there is no other relevant evidence to confirm whether Meng Moujia really gave Li Shiyan the cash of RMB 65,438+10,000 recorded in the loan. According to the details of the bank account, it can be confirmed that Meng Mouyi paid 6.5438+0.8 million yuan to Li Shiyan for the first time. The victim Meng Mojia and the defendant both recognized the second sum of RMB 6,543,800+0.4 million in the trial, and issued a debit note, which was returned to RMB 300,000 before the incident. To sum up, the victim Meng Moujia's statement about the amount of fraud is not supported by objective evidence. According to the rules of evidence, the defendant Li Shiyan's defense opinions in this section should be adopted. According to the existing objective evidence in this case, it is determined that the fraud amount of the victim Meng Moujia is RMB 20,000. The public prosecution agency accused the defendant Li Shiyan of defrauding the victim Meng Mojia 108000 yuan, and our hospital refused to support it. Defender thinks that the fact that defendant Li Shiyan defrauded the victim Meng Moujia is unclear and the evidence is insufficient, so it is not recognized, and our court also rejects it.

The court held that the defendant Li Shiyan fabricated facts and concealed the truth for the purpose of illegal possession, and defrauded others of cash of 380,000 yuan, which was huge, and his behavior constituted a crime of fraud. The charges accused by the public prosecution agency are established and supported. During the trial, the prosecutor suggested that the defendant Li Shiyan be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and this suggestion was established and adopted. The defendant's excuse that he didn't fabricate facts and didn't have subjective intention, and asked for a mitigated punishment was inconsistent with the facts ascertained, and there was no relevant legal basis, so it was not adopted; Defender Li Shiyan pleaded guilty voluntarily, confessed truthfully after the crime, showed remorse, and was a first-time offender and an occasional offender. The reason for requesting a lighter punishment was established and adopted. In view of the fact that the defendant Li Shiyan voluntarily confessed in court and truthfully confessed the facts of the crime, he should be given a lighter punishment as appropriate. According to the provisions of Articles 266, 52, 53, 61 and 64 of the Criminal Law of People's Republic of China (PRC) and Paragraph 4 of Article 234 of the Criminal Procedure Law of People's Republic of China (PRC), the verdict is as follows:

1. Defendant Li Shiyan was convicted of fraud, sentenced to seven years and three months in prison and fined RMB 300,000.

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention will be converted into one day of fixed-term imprisonment, that is, from February 20 15 to May 2022 14. The fine shall be paid within 30 days after this judgment takes effect. )

Two, the stolen goods transferred with the case (see list) shall be confiscated and turned over to the state treasury.

Three, the defendant Li Shiyan fraud income of 380 thousand yuan, be recovered, and returned to the victim.

If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Xining City, Qinghai Province through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.

Chief justice qi, judge

People's juror Meng

20 15 . 12 . 25

Bookkeeper Liu Yao