The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
According to Article 266 of the Criminal Law of People's Republic of China (PRC), whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
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Case: Aunt Suzhou was sentenced to 10 years for fraud, and nearly 200,000 pensions were cheated.
The same name, the same photo, but two different ID numbers, two social security accounts that have been used normally for more than ten years. A phone call from the staff of Suzhou High-tech Zone Social Security Management Center uncovered a social security pension scam that had been covered up for many years.
A few days ago, the huqiu district People's Court heard the case according to law. Defendant Wu Mou was convicted of fraud, sentenced to 3 years' imprisonment and fined 3000 yuan. The court also ordered him to return all the stolen money, totaling nearly 200 thousand yuan.
As early as 12 years ago, Wu Mou, who went through the retirement formalities in a material company in Suzhou High-tech Zone, has been receiving social security pension on a regular basis for many years, but since the beginning of last year, she found that her account was frozen. Just when Wu Mou came to the Social Security Management Center of High-tech Zone with suspicion, she didn't expect that what was waiting for her was legal sanctions.
Last year, on June+10, 5438, a material company needed to contact an employee named Wu Mou when it cancelled its company. We found that Wu Mou, whose ID number suffix is 54 1, is not a company of social security system, but another farm enterprise.
Later, through the name search, I found that there is indeed a Wu Mou of a material company in the social security system, but the mantissa of the ID number is 543. The two photos of citizen cards are highly similar, and the use of medical insurance is also very close. The staff of the Social Security Management Center of High-tech Zone thought that this person was suspected of receiving two pensions and medical insurance-related benefits, so he frozen his account and called the police.
Huqiu Court found that Wu Mou was born in the early 1950s and received a university education. As early as 199 1, she retired from a farm enterprise in Suzhou, and got a social security card (tail number 54 1) on 1998, and began to receive a pension. After that, she worked in several places, such as Company A in High-tech Zone, Company B in Industrial Park, Company C in Wujiang District and the above-mentioned materials companies.
In the meantime, when Wu Mou was working in Company B, he provided false identity information, re-applied for social security procedures, and got a social security card with the tail number of 543. Later, Wu Mou changed his work unit and kept his social security account with false identity information.
By 2005, when Wu Mou resigned from the above-mentioned material company, he enjoyed the social security retirement benefits of urban workers by issuing a new certificate and paying part of the social security fees, and this account was previously established through false identity information.
From April 20, 2005 to February 0, 2005, Wu Mou received a pension of nearly 220,000 yuan through this account. After deducting the expenses, Wu Mou defrauded the National Social Security Fund170,000 yuan.
At the same time, from July 1998 to February/20 15, Wu Mou received a pension of nearly 250,000 yuan through his original real account with a mantissa of 54 1.
During the trial, Wu Mou pleaded guilty voluntarily in court, but argued that there was no intention of fraud subjectively when opening a new social security account. The court held that Wu Mou received and paid social security benefits through the accounts set up with forged information, knowing that there were two social security accounts in his name, and one of the accounts was set up with false identity information, which constituted fraud.
Wu Mou refused to accept the appeal and the Suzhou Intermediate People's Court upheld the original judgment.
People's Daily Online-Aunt Suzhou was sentenced for fraud 10 years, and nearly 200,000 people were defrauded of pensions.