Dear listeners and friends
Hello everyone
The weekly FM939 prosecutor is online
I have met with you as promised
Today, Wang Shengda from the Haishu District Procuratorate
will share a case with you
As you all know, Ningbo is located on the coast of the East China Sea and is often disturbed by typhoons. However, because a community in Haishu District, Ningbo City is located in a low-lying area next to a river, it is easily flooded by peripheral river water in the event of a strong typhoon. However, Wang discovered a "way to make money" and deliberately caused a flooded car accident to defraud insurance money. Recently, after the Haishu District Procuratorate launched a public prosecution, the court sentenced the defendant Wang to one year and six months in prison for insurance fraud, suspended for two years, and fined 20,000 yuan.
Brief introduction to the case
On November 9, 2021, an insurance company reported the case to the public security organ, suspecting that the car owner Wang Mou had defrauded the insurance company. Wang lives in Fenghua District, Ningbo City, but when Typhoon "Chandu" was about to approach, he drove a car to Dongqiao Town, Haishu District, parked the car at the lowest parking lot in a community in Dongqiao Town, and then abandoned the car and returned. His car was flooded in the typhoon. Local residents park their cars at high altitudes when a typhoon approaches, but Wang does the opposite and behaves abnormally. The public security organ opened a case against Wang and later transferred it to the Haishu District Procuratorate for review and arrest.
Because Wang refused to admit it, the prosecutor handling the case visited the 4S shop where Wang repaired his car. The maintenance personnel said that after the accident, Wang's car did not need to be scrapped and could still be repaired, but Wang insisted on not repairing it and demanded to be scrapped. The two sides were in a stalemate, and after a month of delay, the vehicle was beyond repair.
The prosecutor handling the case reviewed Wang’s WeChat chat records and found that Wang wanted to sell the car as early as July and August and had repeatedly consulted second-hand car dealers. The estimated value of the car is approximately 25,000 yuan, but if the vehicle is damaged and scrapped, the insurance company's compensation can reach 50,000 yuan.
As the investigation deepened, the prosecutor also discovered that on the night the typhoon made landfall, a kind person contacted Wang through the mobile phone number in the cab and informed him to move the car quickly. However, Wang claimed that he could not reach the scene and refused the well-intentioned person's suggestion to help him tow the car. In fact, Wang was at the scene at the time and did not leave until he confirmed that the vehicle was flooded. In summary, the prosecutor believed that Wang’s behavior was suspected of insurance fraud and made a decision to approve his arrest.
In the face of a large amount of evidence, Wang admitted the crime of deliberately causing a flooding accident in order to defraud insurance. After the prosecutor explained the law and reasoned, Wang voluntarily pleaded guilty and accepted punishment, and asked his family to voluntarily reimburse the insurance company for all losses. Considering that the circumstances of Wang's crime were minor, the social harm was not serious, and he voluntarily returned the compensation and obtained the insurance company's understanding, the prosecutor reviewed the necessity of Wang's detention and decided to change the compulsory measure to release on bail pending trial.
Recently, the Haishu District Procuratorate filed a public prosecution. After the trial, the court adopted the prosecution’s sentencing recommendations and made the above sentence against Wang.
Prosecutor’s statement
According to Article 198 of the Criminal Law of the People’s Republic of China, anyone who engages in insurance fraud under any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 10,000 yuan More than ten yuan A fine of not more than 10,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment of not less than 20 years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan, or confiscation of property:
(1) The policy holder deliberately fabricates the insurance subject matter to defraud the insurance money;
(2) The policy holder, the insured or the beneficiary fabricates false reasons for the insured accident or exaggerates the extent of the loss to defraud the insurance money;
(3) The policy holder, the insured or The beneficiary fabricates an insurance accident that has never happened and defrauds the insurance money;
(4) The policy holder or the insured intentionally causes an insurance accident that causes property damage and defrauds the insurance money;
(5) The policy holder or the beneficiary intentionally causes the insured to be insured A person dies, becomes disabled or becomes ill, and obtains insurance benefits by fraud.If
commits the acts listed in items 4 and 5 of the preceding paragraph and constitutes other crimes at the same time, he shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.
warning analysis
A gentleman loves money and gets it wisely. Wang's opportunistic behavior not only caused him to suffer property losses, but also faced imprisonment. It was really not worth the loss. Summer is coming, and Ningbo will usher in intensive typhoon weather again. I hope Wang’s lesson can serve as a warning to everyone.
Some pictures come from the Internet
"Prosecutor Online" column introduction
In order to further deepen the construction of a safe Ningbo and rule of law Ningbo, use typical cases to promote the procuratorial function and tell good procuratorial stories, after the Municipal Procuratorate and FM9 39 Ningbo Traffic Radio negotiated and jointly opened a "Prosecutor Online" column, which will be broadcast on at 12:30 noon every Wednesday . By explaining the law and reasoning on typical cases handled by the city's procuratorial organs, we can handle the cases well and select the right ones. Cases, use the goal positioning of cases to expand the social awareness and influence of Ningbo procuratorial work.
Organizer and presenter: Haishu District People’s Procuratorate Wang Shengda
