Recently, the People's Court of Fuquan City sentenced the defendant Wang Moumou to 11 years and eight months' imprisonment and a fine of 110,000 yuan for fraud, and ordered him to compensate the victim Jiang Moumou and other economic losses totaling 1.22 million yuan within 30 days from the effective date of the judgment. Wang Moumou, the defendant of the
basic case
, falsely claimed that Pingyuan Company had purchased a mine in a town of Guizhou Province, which was operated by Xingfa Calcium Industry Co., Ltd. Wang Mou-mou took Zhao Mou-mou, Wang Mou-tao, Jiang Mou-fu, Jiang Mou-mou and others to a mountain for many times, saying that it was the mine that Pingyuan Company purchased and handed over to itself. At the beginning of 2020, Wang Mou-mou used the forged seal of "Xingfa Calcium Industry Co., Ltd." To sign a "contract for mining high calcium stone" with Peng Mou-mou, a blaster engaged in blasting work, and signed a "contract for mining high calcium petroleum material supply" with Jiang Mou-mou, and "promised" that after the start of the mine, Zhao Mou-mou would be the executive director of the mine, together with Wang Mou-tao. Jiang Moufu supplied oil to the mine fleet, Lin Moumou was the director of the mine, and Zhao Moumou was the executive director of Xingfa Calcium Industry Co., Ltd. Wang Mou-mou defrauded Jiang Mou-mou, Zhao Mou-mou, Jiang Mou-fu and Wang Mou-tao of their trust through the above-mentioned forged information and fictitious facts, and defrauded Jiang Mou-mou, Zhao Mou-mou, Jiang Mou-fu and Wang Mou-tao of a total of RMB 1.22 million with fictitious facts such as pre-investment in the operation of mines. The objective aspect of the
crime of fraud is to use the method of fabricating facts or concealing the truth to make the property owners and managers believe it and "voluntarily" hand over the property. Because of the complexity of the case, the huge amount, the long time span of fraud and the difficulty of obtaining evidence, and the defendant and the defender submitted their defense opinions on some facts, it is difficult to determine the facts of the case. However, the undertaking officer combines the victim's withdrawal record, the deposit record of the defendant, the chat record of the WeChat, the victim's statement, the testimony of the witness, the relevant bank flow, the transfer record and other evidence from various angles to find out the chain of evidence that can corroborate each other, and confirms that the victim is based on the defendant Wang Mou-mou. Therefore, being defrauded conforms to the constitutive requirements of the crime of fraud.
The judge reminded that
the people's court is duty-bound to crack down on fraud crimes in accordance with the law, and to prevent such crimes, the people need to maintain a high degree of vigilance and awareness of anti-fraud at all times, learn to distinguish the true from the false, and be cautious in dealing with friends with interests.
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