Different and expensive to see a doctor, and people are in a hurry to seek medical treatment. Therefore, secret recipes and patented artifacts are popular. There is a group of scammers who wear the guise of fake experts and advertise through 400 free calls, TV stations, etc., and sell secret recipes for treating liver diseases and magical stickers for treating bone diseases... In the past three years, they have defrauded more than 12,500 people across the country and defrauded victims of a total of more than 51.56 million yuan in money. On September 20, the Wuxi Intermediate People's Court of Jiangsu Province made a first-instance judgment on Chen Shaoming, a missed criminal in the fraud gang, found him guilty of fraud, sentenced him to life imprisonment, deprived of political rights for life, and confiscated all his personal property.
Review the case and found that the missed crime was
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On February 9, 2017, Zhu came to Yixing City Public Security Bureau Heqiao Police Station to report the case. Zhu, 48, is a farmer in Heqiao Town, Yixing City. In May 2016, he was diagnosed with lumbar disc herniation. After seeing it several times in the hospital, he did not recover. He searched the web page of the Beijing China Bone Disease Treatment Center (Bone Disease Research Institute) online and contacted a doctor who called himself Hou Yuanming through the phone number on the web page. Dr. Hou recommended using their external ointment. When Zhu heard that it would take 50,000 to 60,000 yuan to cure it, he was very hesitant. But Dr. Hou said that after the treatment is over, 85% can be reimbursed through agricultural insurance, and he only needs to bear 8,000 yuan. Zhu, who was tortured by the illness, immediately agreed. Dr. Hou said he would send the medicine to express and ask him to pay on delivery. In this way, Dr. Hou mailed Zhu four times within a month, and Zhu paid the courier nearly 10,000 yuan.
Zhu posted the medicine for a while, but it felt that it didn't work. He called Dr. Hou. Dr. Hou said that he wanted to ask his teacher Ma Jianguo in this situation, so he gave him a call and asked him to find Dr. Ma. Dr. Ma claimed to be the chief physician of the China Orthopedic Treatment Center. He told Zhu that in addition to applying ointment, he also wanted to take medicine from their company. During this period, a man who claimed to be Dean Guo took the initiative to contact Zhu several times, and he was very concerned about his condition every time, and he also recommended new drugs to him. In this way, from May to September 2016, Zhu bought medicines more than ten times, spending more than 270,000 yuan, and paying several thousand yuan to tens of thousands of yuan each time. In October, Zhu's son searched for six medicines sent to him by the other party online, but he couldn't find any of them. Zhu then suspected that the other party was selling fake medicine, so he went to the police station to report the case. The police immediately filed a case for investigation.
In September 2017, when the Wuxi Municipal Procuratorate of Jiangsu Province was reviewing the fraud case, it was found that in addition to Wu Chiming and Li Gang and eight others were suspected of fraud, three of the people involved in the case confessed that Chen Shaoming was also involved in the fraud. After investigation, Chen Shaoming was serving his sentence in Xiaogan Prison at that time. In order to further clarify the case, the prosecutor Zheng Xiuyun, the prosecutor in charge, first interrogated the case, and then went to the public security, procuratorial and judicial organs of Xiaochang County, Hubei Province to learn about Chen Shaoming's case. He found that he not only committed fraud crimes with the above eight people, but also was the main culprit in the case, and he should be held criminally responsible.
In March 2018, the Wuxi Municipal Procuratorate issued a supplementary transfer notice to the investigative agency in accordance with the law, and carefully guided the investigative agency on the relevant evidence collection work of Chen Shaoming suspected of committing a crime in this case: the flow of stolen money of fraud, the careful inspection of electronic data on the seized mobile phone, since the photos of the relevant letters on the mobile phone are not originals, and the handwriting cannot be identified, the authenticity of the content involved in the investigation letter is needed to reverse the authenticity of the letter, etc.
invested and held a shareholding. Partnership fraud
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Guangzhou Kanglin Product Information Consulting Co., Ltd. jointly run by Wu Chiming and Li Gang is engaged in telemarketing whitening, essential oils and other female products, but has suffered serious losses. In the first half of 2014, Li Gang invited Chen Shaoming to invest in the company. After Chen Shaoming invested in Kanglin Company, he held 56% of the shares and was responsible for the procurement and sales of products. During his tenure, he was responsible for purchasing computers and selling software for Aotian Feihong. The software also comes with several Beijing area code 010.Since he was engaged in telemarketing after graduating from college, he had a group of sales backbones who had been trained in speech, he took Zhou Yang, Ye Jun, and others of his original sales backbones to Kanglin Company, and arranged his cousin Chen Fangxiong to enter the company. Li Gang was responsible for the TV advertising of the product, Wu Chiming was responsible for the company's comprehensive daily work, logistics delivery and recycling of goods, Zhou Yang was the deputy general manager in charge of personnel recruitment, and Chen Fangxiong was responsible for financial work and hardware construction. The company has 3 to 5 traffic groups, each with dozens of traffic operators in the team leader.
Li Gang will place advertisements for products such as "Yu Taiyi Bone Pain Prescription Cold Treatment Pearl Handling Device", "Shuzhengan Compound Tablets", "Shugan Huangqi Acid Compound Tablets", and "Shaolin Pharmacy" plaster patches to local TV stations. After seeing the relevant advertisement, the victim called 400 to inquire about the relevant situation of the drug. As long as the inquiry phone comes in, the number will be automatically saved by the computer or the operator pretends to be the front desk operator to record the victim's basic information and contact information. Subsequently, the recorded phone numbers above were divided into each group member, and the group member then called the victim by phone in Beijing with area code 010. They contacted the victim as directors or instructors of fictitious units such as "Beijing Liver Disease Treatment Center", "Beijing Bone Disease Rehabilitation Treatment Center", "China Academy of Traditional Chinese Medicine Science and Technology Center". They first asked the victim about his condition, symptoms, and treatment process, and then denied their treatment plan, exaggerated the harm of the victim's condition, and deceived the victim into purchasing products such as "Yu Tai Doctor" and "Shuzhigan Compound Tablets" at a high price by using medical insurance or agricultural insurance reimbursement expenses, prompting the other party to place an order. All products sold by the gang are cash on delivery. After the express delivery company collects the payment on behalf of the goods, it will be transferred regularly to the bank account actually controlled by Wu Chiming. In addition to paying part of the advertising fees and wages, Wu Chiming withdraws and transfers the remaining recovered payments. These funds are diverted to the accounts of Li Gang, Chen Shaoming, Chen Fangxiong and others, and the above-mentioned personnel then transfers and withdraws the relevant funds.
Analysis of behaviors. The criminal
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The prosecutor in charge of the Wuxi Municipal Procuratorate found that there were 15 kinds of products seized, including "Yu Tai Doctor" and "Shuzhigan Compound Tablets". Some of the products belong to Class I or Class II medical devices, and some of them are three-no products without a drug and food production license number. So is Chen Shaoming and others suspected of illegal business operations, sales of fake drugs or fraud? After discussion at the joint meeting of prosecutors, it is believed that judging the nature of the behavior of the above-mentioned personnel should be comprehensively judged from the aspects of subjective intention, behavioral means, and disposal of money.
Chen Shaoming's sales team first pretended to be a fictional director, expert or instructor of medical units such as the "Beijing Liver Disease Treatment Center", and then completely denied the patients' previous treatment plan in the hospital. Finally, using the patients' eagerness to seek medical treatment, exaggerated the efficacy, lied that the products they promoted could cure their diseases, induce patients to believe it, and buy these products at a high price. What's more, when the victim asked whether they could be reimbursed with medical insurance or agricultural insurance, in order to achieve the purpose of continuous fraud, the victim could be reimbursed with medical insurance or agricultural insurance, and then sold the same product to the victim who was following the visit at a price far higher than the first time. After the stolen money was received, the cash was quickly transferred and withdrawn. Although some of the products sold do not have a drug and food production license, it can be seen from the series of actions of the defendant Chen Shaoming and others that the intention of illegal possession is very obvious, and objectively commits the act of fabricating facts and concealing the truth, causing many victims to have misunderstandings and pay large amounts of money to purchase so-called drugs and equipment, which ultimately achieves the purpose of defrauding others of money, so it should constitute the crime of fraud. In November 2018, the Wuxi Municipal Procuratorate filed a public prosecution with the Wuxi Intermediate Court for Chen Shaoming's crime of fraud.
shareholding dividends, it is hard to blame
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From May 10 to 11, 2019, the Chen Shaoming case was held in the Wuxi Intermediate Court.The defendant Chen Shaoming and his defense lawyer defended him for not guilty, on the grounds that Chen Shaoming not only did not know Wu Chiming and others, but also that he had been detained by Xiaochang County Public Security Bureau in November 2015 for another fraud case, and objectively could not participate in the fraudulent behavior of Wu Chiming and others.
The prosecutor pointed out that Wu Chiming, Li Gang and others confirmed that Chen Shaoming had a stake in Kanglin Company and identified Chen Shaoming; Chen Fangxiong's letter to Li Gang and his family on Chen Fangxiong's mobile phone were confirmed by Chen Shaoming's family. According to the content and time of the letter, it was clearly stated that Chen Shaoming owned 56% of the shares and had not withdrawn the shares. From October 2014 to the end of July 2015, Wu Chiming, Li Gang, Chen Fangxiong and others transferred more than 4.8 million yuan from Chen Shaoming, and were withdrawn in large amounts, which coincided with Wu Chiming's mention that he had given Chen Shaoming more than 2 million yuan. In addition, bank statements show that Wu Chiming did transfer money to him in May and June 2015, a total of 2.22 million yuan. After Chen Shaoming received the money in his account, he transferred to Zhou Yang from tens of thousands to more than 100,000 yuan per month. Although the evidence in this case is relatively loose independently, the witness testimony, extracted letters, bank statements, etc. can be confirmed by each other, and a complete chain of evidence has been formed, which is consistent with the confession of Wu Chiming, Li Gang, Zhou Yang and others on the time and status of Chen Shaoming in participating in fraud. Therefore, Chen Shaoming's defense is not valid. Wu Chiming and others' confession should be accepted. Combined with relevant documentary evidence, it is enough to confirm the criminal facts of Chen Shaoming's participation in fraud.
The defense lawyer claimed that this case was a unit crime. In this regard, the prosecutor pointed out that although Chen Shaoming and Wu Chiming, Li Gang and others committed the crimes, although the place where the crimes were committed were located in the company's location and employees were recruited in the name of the company, all the criminal acts involved in the case were carried out in fabricated units and false identities, and the benefits also belonged to the individual. Therefore, this case is a personal crime under corporate management and not a unit crime.
The defendant Chen Shaoming and his defense lawyer proposed that the amount of fraud should be the amount of fraud before Chen Shaoming was detained by the Xiaochang County Public Security Bureau in 2015 and should be designated as an accomplice. The prosecutor pointed out that based on the testimony of Wu Chiming and others and the letter from Chen Shaoming, it can be confirmed that Chen Shaoming did not withdraw from the shares after being detained, and provided the entire sales system with Wu Chiming and others when they were defrauded of fraud in partnership, including sales equipment, software systems, sales models, skilled employees, and funds, advertising resources and commodity resources. Although he did not participate in the specific company management, he cooperated with Wu Chiming and Li Gang and others to form an organic and unified whole, defrauding a large amount of money from many victims. The defendant Chen Shaoming played an organization, leadership, investment, and planning role, which played a decisive role in the establishment, existence and implementation of the entire criminal gang, and the stolen money obtained was also transferred to his personal account in large quantities. Therefore, Chen Shaoming was the main culprit in the joint crime and was responsible for the entire fraud amount.
In February 2019, the fraud gang Wu Chiming and eight others were sentenced to life imprisonment to six years in prison by the Wuxi Intermediate People's Court, and were sentenced to a penalty ranging from a total of 100,000 yuan in total personal property. After the first instance judgment, Wu Chiming and others appealed. In August, the Jiangsu Higher Court of ruling to reject the appeal and uphold the original judgment. On September 20, the Wuxi Intermediate People's Court made a first-instance judgment on Chen Shaoming. Combined with the 12 years and six months in prison and a fine of 500,000 yuan for his previous crime, he decided to execute life imprisonment on him, deprive him of political rights for life, and confiscate all his personal property. After the first instance judgment, Chen Shaoming appealed, and at present, the second instance of the case has not yet been sentenced.
case statement
Jiangsu Province Wuxi City Procuratorate Director Guan Kaicheng
This is a telecommunications network fraud case with a large number of victims, a particularly huge amount involved, serious infringement of people's livelihood and interests, and a particularly bad social impact. In recent years, telecommunications and network fraud crimes have been repeatedly fought, and the methods of committing crimes have become increasingly confusing, which has led to the social harm and consequences of such crimes being more extensive and spreading. To effectively curb the situation of repeated crimes in which such crimes are constantly being fought, the key move is to fight accurately and effectively. The successful handling of this case mainly adheres to the following two points:
First, the concept of handling cases is to handle people's livelihood. In this case, there were more than 12,500 victims, and they were all vulnerable groups such as the elderly, weak and sick, and involved a wide range of people.The defendant used a corporate operation method, utilizing the influence of mainstream TV media, pretending to be experts from medical professional institutions to boast about hype, deceiving and misleading the victims. The many victims not only suffered property losses, but more importantly, they missed the best time to treat the disease due to taking fake medicine. The top priority of people's livelihood and benefits is always related to the situation. Food and drug safety is the greatest livelihood of the people. The procuratorate insists on justice for the people. The prosecutors in charge insist on keeping their original aspirations is to keeping their hearts. Taking on missions is to take responsibility. Using the strictest principles, we will severely punish fraud crimes with food and drugs as bait in accordance with the law, protect people's livelihood and interests to the greatest extent, and promote social fairness and justice to ensure people's living and working in peace and contentment. In the end, Chen Shaoming's first instance and other main culprits in this case were sentenced to life imprisonment, demonstrating the deterrent effect of severe crackdowns to the society and achieving a good social effect.
The second is that prosecution is the embodiment of "seeking the ultimate". "Seeking the Extreme" is the work standard proposed by Zhang Jun, the Procurator-General of the Supreme People's Procuratorate. Supervision in handling cases, and handling cases in supervision, not letting go of any doubts or flaws is a specific manifestation of "seeking the ultimate". During the investigation of the case, the public security organs did not pay attention to whether the defendant Chen Shaoming was involved in the case, nor did they collect evidence to fix his suspected joint crime. Objectivity and fairness are the prosecutor's position to perform his duties. During the review and prosecution, the prosecutor in charge did not handle the case or conduct mechanical justice. Based on the sporadic confessions of the accomplice in the case, combined with evidence that Chen Shaoming had been sentenced by other courts for fraud and was serving his sentence, the underwriter keenly judged that Chen Shaoming should be suspected of a joint crime and may be the main culprit. The procuratorate promptly prosecutes, and the prosecutor in charge actively guides the investigative agency to supplement the investigation, strengthen evidence, and build a strict evidence system, especially to strengthen objective evidence such as the inflow and outflow of funds for Chen Shaoming suspected of committing crimes, which is not in vain, not biased, neither excessive nor too little, to ensure that the case is handled into an iron and high-quality case, and strive to achieve the rule of law goal proposed by the Supreme People's Procuratorate of "criminals are prosecuted and innocents are protected."
(Procuratorial Daily Yuan Dan)
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