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The facts of a legal case

The fake military vehicle finally showed its flaws after eight months of free passage.

The evasion fee mainly occurred in Xiatang Toll Station of Zhengyao Expressway. The testimony of Li, a staff member of the station, shows that one day in May 2008, a man who claimed to be an armed police detachment of Xuchang City came to the station, saying that his troops were engaged in civil works, and two military vehicles had to go through the Tang toll station for free passage. The license plates of the two vehicles are "WJ 19-30055" and "WJ 19-30056" respectively.

After asking the leaders of Pingdingshan Branch for instructions, Xiatang Toll Station listed two military green Steyr rear eight-wheeled dump trucks as free vehicles. Li said that at that time, there was no condition to confirm the authenticity of the procedures provided by the other party, and the required "three certificates and one form" were all perfect.

The staff of Xiatang Toll Station found that until the end of 2008, the two cars were still in Sarah, entering and leaving Xiatang Toll Station. According to past experience, the staff members have doubts about the authenticity of these two military vehicles. They reported the situation to Pingdingshan Branch, which in turn reported to the provincial company, which coordinated with the Henan Armed Police Corps through the Provincial Governance Office.

On June 5438+ 10, 2009, the Henan Armed Police Corps sent a military inspection department to take two military vehicles and their drivers away from Xiatang section of Zhengzhou-Yaozhou Expressway. In June of the same year, the headquarters of the Garrison of the Provincial Armed Police Corps issued a certificate that the two trucks were counterfeit armed police vehicles. Henan Zhongyuan Expressway Co., Ltd., the management company of Yao Zheng Expressway, reported the case after receiving the certificate.

The toll escaped 3.68 million, and Lhasa earned more than 200,000.

It is understood that two trucks have a nuclear load of 25 tons, which will be overloaded by about 150% under normal circumstances. When traveling empty, you need to pay the toll around 200 yuan, and the amount of payment under load depends on the load. According to the traffic information statistics released by the provincial expressway network monitoring toll communication service Co., Ltd., from May 4 to June 2008, it was 65438+ 10/0, and two cars * * * counted 236 1 time, and the total escape fee was RMB 3.682 million.

On June 5438+February 18, 2009, Shimou, the owner of two cars, was detained on suspicion of fraud and arrested on October 22, 2065. Shimou confessed that his two cars were purchased in installments in the name of others in a sales company in Xuchang. After buying a car, Shimou saw a phone call for handling fake military vehicles on the roadside in Cangzhou, so he contacted and handled two fake military cards, bought fake military uniforms, and handled fake military vehicle driving licenses and driver's licenses, all in the name of Xuchang detachment of Henan Armed Police Corps.

Shi confessed that in order to make more money, he changed the car into a fake military vehicle without paying the high-speed toll. He started pulling sand stones in May 2008, basically running the route from Lushan Xiatang to Xuchang Changge, and occasionally running down the pond to Yuzhou. From May 2008 to June 2009, I ran 5438+ 10, two or three times a day.

At that time, he confessed that he had been changing drivers because he was afraid of being seen by the toll booth staff. Each driver has only been driving for about a month, and his salary is higher than that of ordinary drivers.

So during this period, how much did Shimou profit from using fake military vehicles? According to Shi, he probably earned more than 200,000 yuan in a few months. However, the court's trial mainly focused on the evaded tolls and did not further verify them.

A driver confirmed that Shimou had taken him to take photos in camouflage uniforms in changge city, and also brought a fake soldier's ID card and a fake military vehicle driver's license to match him with a sports car.

responsible

He was sentenced to life imprisonment in the first instance and the owner did not appeal.

Last June, 65438+1October, 65438+July, Pingdingshan City Procuratorate accused someone of committing fraud and filed a public prosecution with Pingdingshan Intermediate People's Court. In the same year165438+1October 19, Pingdingshan Intermediate People's Court heard the case publicly.

The court found through trial that from May 4, 2008 to June 65438+1 October1day, the defendant Shimou illegally purchased forged military ID cards, driver's licenses, driving licenses of the Armed Police Force and other documents, and bought two sets of fake military vehicle license plates, and defrauded toll relief at Zheng Shi Expressway Xiatang Toll Station, Changge West Toll Station, Yuzhou South Toll Station and Lushan Toll Station for many times.

Pingdingshan Intermediate People's Court held that Shimou, for the purpose of illegal possession, fabricated facts and concealed the truth to defraud Henan Zhongyuan Expressway Co., Ltd. to waive its toll, and the property loss reached more than 3.6 million yuan, which was extremely huge. His behavior conforms to the constitutive requirements of fraud and constitutes fraud.

20 10, 12, 2 1, the court made a judgment. At that time, a man was convicted of fraud, sentenced to life imprisonment, deprived of political rights for life, fined 2 million yuan and recovered all the illegally obtained property.