Defendant Lu, male,1962,65438+was born in Gaozhou city, Guangdong province on June 9, Han nationality, a high school with a high education level, and is self-employed. He rented Room 302, Building No.0/kloc-0, Longchang South Road, Xinhui District, Jiangmen City, and lived in Lu Cun Village Committee, shatian town, Gaozhou City. Because of this case, he was detained in criminal detention on April 6, 2003, the next day, and was arrested on May 24 of the same year. Now detained in Jiangmen detention center.
Defendant Liu Xiju, male, 1 born on July 2, 1968 in Taishan City, Guangdong Province, Han nationality, junior high school education, was originally the stall owner of djinn food stall in Taicheng District of Taishan City, and lived at No.5 Tang Wei Street1Lane, Guanghai Town, Taishan City. Because of this case, he was detained in criminal detention on April 6, 2003, the next day, and was arrested on May 24 of the same year. Now detained in Jiangmen detention center.
Defender Zhou, lawyer of Guangdong Zhixin Law Firm.
Defendant Zeng Qichang, male, born on June 6, 1952 in Taishan City, Guangdong Province, Han nationality, junior high school education, is the operator of Baishi Road Cultural and Entertainment Center in Taicheng Town, Taishan City, and lives in Room 602, Doushan Market Park Road 1 Lane, Doushan Town, Taishan City. Because of this case, he was detained in criminal detention on April 6, 2003, the next day, and was arrested on May 24 of the same year. Now detained in Jiangmen detention center.
Defender Li, lawyer of Guangdong Guangneng Law Firm.
The People's Procuratorate of Jiangmen City, Guangdong Province accused the defendants Lu, Liu Xiju and Zeng Qichang of buying and selling counterfeit money with indictmentNo. 12 in 2004. [2003] 1 13, filed a public prosecution in our hospital on September 4, 2003. Our court formed a collegial panel according to law and heard the case in public. The People's Procuratorate of Jiangmen City, Guangdong Province appointed the public prosecutor and acting public prosecutor Yu to appear in court to support the public prosecution, and three defendants and their defenders attended the proceedings. The trial is now over.
The People's Procuratorate of Jiangmen City, Guangdong Province accused that in mid-April 2003, the defendant Liu Xiju and Liang Guoqiang (handled separately) discussed buying and selling fake RMB. Defendant Zeng Qicheng was chatting with defendant Liu Xiju at Juling food stall in Taicheng. Defendant Liu Xiju said that a Macao boss needed fake RMB and asked defendant Zeng Qicheng if he could find fake RMB for him. Defendant Zeng Qicheng promised to help contact, and the two sides negotiated the price and agreed to sell a fake RMB with a face value of 100 yuan at the price of 18 yuan to 20 yuan. Subsequently, the defendant Zeng Qichang contacted the defendant Lu and asked if he had fake RMB. Defendant Lu said that it could be provided and offered to sell a fake RMB with a face value of 100 yuan for resale. The defendant Zeng Qichang informed the defendant Liu Xiju of this situation. Hou Guoqiang and the defendant Liu Xiju agreed to buy fake RMB 500,000, and the agreed time was April, 67. On April 15, the defendant Liu Xiju contacted the defendant Zeng Qichang and demanded a fake RMB with a face value of 500,000 yuan. On April 65438, 2006, the defendant Zeng Qichang contacted the defendant Lu. After discussion, the defendant Lu went to Guangzhou Railway Station that morning and bought a fake RMB with a face value of 100 yuan at a price of 14 yuan, and bought a fake RMB with a face value of 65438+ from a woman named "Jane" at a price of 70000 yuan (handled separately). On the evening of the same day, the defendant Lu was taken by the defendant Zeng Qichang to the Juling food stall operated by the defendant Liu Xiju. When he sold fake RMB to others with the defendant Lu, he was caught by the public security personnel on the spot and seized fake RMB with a face value of 500,000 yuan on the spot.
In view of the above facts, the public prosecution agency read or produced the testimony of an informed witness, the confessions of three defendants, the counterfeit money certificate issued by the banking department, the list of seized items, the photos of the seizure site and seized items issued by the public security organ, the identification transcripts of the three defendants, and the passbook of the seized defendants.
The public prosecution agency believes that the defendants Lu, Liu Xiju and Zeng Qichang ignored national laws and bought and sold counterfeit money in huge amounts in order to seek illegal interests. His behavior has violated the provisions of Article 171 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for the crime of selling or buying counterfeit money. Defendant Zeng Qicheng often acted as a middleman in this case, creating favorable conditions for committing crimes and playing an auxiliary role in joint crimes. According to Article 27 of the Criminal Law of People's Republic of China (PRC), the defendant Zeng Qicheng is an accessory and should be given a lighter or mitigated punishment. Draw a lighter punishment for the three defendants according to law.
Defendant Lu Zuting put forward in court that although the amount of counterfeit money he traded was large, it did not flow into the society and caused actual harm, and requested a lighter punishment.
Defendant Liu Xiju put forward in court that his role was lighter than that of defendant Zeng Qichang, and he played an intermediary role in this case and was also an accomplice, requesting a lighter punishment.
Defendant Liu Xiju's defense lawyer proposed: 1. In this case, the number of counterfeit money was put forward by the public security secret service personnel posing as buyers, which led to the temptation of the number of crimes; 2. Liu Xiju plays an intermediary role in this case and is an accessory; 3. The counterfeit currency transaction in this case has not been completed, and the actions of the three defendants should be attempted crimes. Request to reduce the punishment of the defendant Liu Xiju.
The defendant Zeng Qichang put forward in court and had no objection to the contents of the indictment.
Defendant Zeng Qichang's defense lawyer pointed out: 1, Zeng Qichang's criminal behavior was induced by specialized personnel of public security organs, and the whole criminal behavior was also carried out under the close supervision of public security organs, which was an abnormal crime; 2. Zeng Qicheng often plays an intermediary role in this case and is an accessory; 3. The counterfeit money in this case has not yet entered the actual transaction, and the actions of the three defendants should be attempted crimes. It is requested to reduce the punishment of the defendant Zeng Qichang, and it is suggested to apply probation.
It was found through trial that during the period of 200 1, the defendant Lu met the defendant Zeng Qichang through a friend of Ashao in Taishan City. After they met, the two sides discussed the fake RMB transaction. In March 2003, the defendant Zeng Qichang met each other because he often went to the Juling food stall opened by the defendant Liu Xiju for tea. Subsequently, the defendant Zeng Qichang hinted to the defendant Liu Xiju that his friend in Xinhui had counterfeit money, and asked the defendant Liu Xiju whether he could contact the buyer, saying that the transaction price of each fake RMB with a face value of 100 yuan was real RMB 18 yuan to 20 yuan, and provided the defendant Liu Xiju with fake RMB samples to find the buyer. Later, the defendant Liu Xiju introduced Liang Guoqiang to his food stall in Juling through his friend "Guangzai" (handled separately), and the two sides failed to discuss the drug trade. Later, the defendant Liu Xiju suggested that he could contact fake RMB, ask Liang Guoqiang if he needed it, and provide a fake RMB model for Liang Guoqiang to test.
In mid-April, 2003, Liang Guoqiang called the defendant Liu Xiju and said that a buyer needed fake RMB 500,000. Both parties agreed that the transaction price of each fake RMB with a face value of 100 was real RMB from 25 yuan to 27 yuan. Subsequently, the defendant Liu Xiju contacted the defendant Zeng Qichang to find the source of goods, and the defendant Zeng Qichang contacted the defendant Lu to prepare fake RMB. During this period, defendant Zeng Qichang and defendant Liu Xiju agreed that the transaction price of each fake RMB with a face value of 100 yuan was 18 yuan, and defendant Zeng Qichang and defendant Lu agreed that the transaction price of each fake RMB with a face value of 100 yuan was 17 yuan.
On the morning of April 16, 2003, the defendant Lu brought 70,000 yuan in cash to Guangzhou Railway Station and bought 500,000 yuan with a face value of 100 yuan from a woman named "Azhen" (handled separately). On the same day, defendant Lu informed defendant Zeng Qichang that he could conduct counterfeit currency transactions. Defendant Zeng Qichang informed defendant Liu Xiju by telephone, and defendant Liu Xiju informed buyer Liang Guoqiang by telephone, and agreed that the three parties would conduct transactions at Juling food stall operated by defendant Liu Xiju at 7 o'clock that night. By 9 o'clock that night, the defendant had started to carry the fake RMB of 500,000 yuan with the defendant Lu riding a motorcycle, and the defendant Liu Xiju took the fake RMB of 500,000 yuan to a room on the second floor of Juling food stall. Defendant Liu Xiju was arrested on the spot by the investigators of Jiangmen Public Security Bureau when negotiating the transaction price and counting counterfeit money with Liang Guoqiang and others, and seized fake RMB 500,000 (identified) on the spot. Subsequently, the public security personnel arrested the defendants Lu and Zeng Qichang who were waiting in front of the Juling food stall.
The above facts are confirmed by the following evidence, which is confirmed by our court after cross-examination:
1.2. The list of seized items, photos of the seizure site and seized items issued by the public security organs confirmed the process of arresting the three defendants and seizing counterfeit money.
2. The counterfeit money appraisal certificate issued by Jiangmen Central Sub-branch of China People's Bank confirmed that 500,000 yuan seized by the public security organ on the spot was counterfeit money.
3. 1. The transcripts and identification photos of the defendants Lu, Liu Xiju and Zeng Qichang, which prove the fact that the three defendants knew each other and participated in buying and selling fake RMB.
4. 1. A bank passbook of defendant Lu, which proves the fact that defendant Lu withdrew cash to buy fake RMB on April 6, 2003.
5. Defendant Lu repeatedly confessed to the criminal facts of his involvement in buying and selling counterfeit money in the public security organs.
6. Defendant Liu Xiju repeatedly confessed to the fact that he participated in the sale of counterfeit money in the public security organs.
7. Defendant Zeng Qichang repeatedly confessed to the fact that he participated in the sale of counterfeit money in the public security organs. The confessions of the above three defendants can be mutually confirmed.
8. The testimony of witness Liang Guoqiang, which is used to prove the process of his acquaintance with Liu Xiju and the process of the two sides negotiating and trading fake goods worth 500,000 yuan. The testimony of witness Liang Guoqiang and the confession of defendant Liu Xiju can confirm each other.
9. Witness Li Lina's testimony confirmed that at 22: 00 on April 6, 2003, he witnessed the process of two boys delivering things in mineral water bottles to Juling food stall.
We believe that the defendant Lu ignored the national laws and bought counterfeit money while knowing that it was counterfeit money, and together with the defendants Liu Xiju and Zeng Qichang, he sold the purchased counterfeit money to others for illegal benefits. Defendant Lu's behavior constitutes the crime of buying and selling counterfeit money, and defendants Liu Xiju and Zeng Qichang's behavior constitutes the crime of selling counterfeit money. 3. The amount of counterfeit money bought and sold by the defendant is extremely huge and should be punished according to law. In view of the fact that the three defendants can plead guilty and repent after committing a crime, and the counterfeit money has not yet entered the society, causing great harm, all three defendants can be given a lighter punishment according to law. In the crime of selling counterfeit money, the defendant Lu provided the traded goods as the owner and played a major role. He is the principal offender of the crime of selling counterfeit money in this case and should be punished according to all the crimes he participated in. Defendants Liu Xiju and Zeng Qichang sold counterfeit money for Defendant Lu and contacted the buyer to earn the difference, which played an auxiliary role. They are accomplices to the crime of selling counterfeit money in this case, and their punishment can be mitigated according to law. The criminal facts of the three defendants accused by the public prosecution agency are clear and the evidence is true and sufficient. Only the actions of the defendants Liu Xiju and Zeng Qichang constitute the crime of buying and selling counterfeit money. Because the defendants Liu Xiju and Zeng Qichang only helped the defendant Lu to sell counterfeit money, they did not have the subjective intention of committing the same crime as the defendant Lu, and their actions should only constitute the crime of selling counterfeit money, so they were charged with Liu Xiju and Zeng Qichang. In addition, according to the circumstances of the crime in this case, it is improper for the defendant Liu Xiju not to be listed as an accessory and should be corrected.
Defenders of the defendants Liu Xiju and Zeng Qichang suggested that there was the temptation of the number of crimes in this case. After investigation, although the number of counterfeit money of 500,000 yuan in this case was put forward by the public security secret service personnel pretending to be the buyer, the three defendants hit it off immediately after the buyer put forward the transaction number, and provided a huge amount of counterfeit money for trading in a short time, which proved that it had a stable source of counterfeit money, so there was no problem of the temptation of the number of crimes, but the public security organs used investigation means in the investigation process. Therefore, the defense opinions put forward by the defense lawyers of the defendants Liu Xiju and Zeng Qichang are insufficient in evidence and will not be adopted by our court. However, in view of the fact that the amount of 500,000 counterfeit money traded in this case was really put forward by the public security secret service personnel posing as buyers, and the public security organs used investigation means in the process of investigating the case, and the whole transaction process was carried out under the close supervision of the public security organs, so the counterfeit money traded could not flow into the society and cause great harm, and lenient punishment could be considered for the three defendants when sentencing.
Regarding the opinion that the defense lawyers of the defendants Liu Xiju and Zeng Qichang thought that the actions of the three defendants were attempted crimes, it was found through trial that the three defendants in this case had completed the trading offer conditions of agreeing on the time, place and quantity of counterfeit currency trading, and had prepared counterfeit currency for trading. Defendant Liu Xiju was arrested by public security personnel in the process of counting counterfeit money with the buyer. According to the relevant theories of criminal law, the crime of selling counterfeit money belongs to behavioral crime. As long as the behavior of buying and selling counterfeit money has been completed, it should be regarded as accomplished. In this case, the defendant Liu Xiju and the buyer Liang Guoqiang have agreed on the quantity and price of counterfeit money, and have brought the subject matter of the transaction to the scene. The transaction relationship has been established, and the transaction behavior should be regarded as completed. Whether the subject matter is delivered or not does not affect the establishment of the buying and selling relationship. Therefore, the criminal form of the three defendants selling counterfeit money in this case should be accomplished. Therefore, the defense opinions put forward by the defense lawyers of the defendants Liu Xiju and Zeng Qichang are insufficient in evidence and will not be adopted by our court.
Defendants Liu Xiju and Zeng Qichang's defense lawyers suggested that the two defendants played an intermediary and auxiliary role in this case and were accomplices. After investigation, it is found to be true and can be adopted, and it is required to reduce the punishment, and our hospital supports it. However, the defense lawyer of the defendant Zeng Qichang also sought the opinion of probation for the defendant Zeng Qichang. According to the specific circumstances of this case, he cannot be suspended, so he is not supported.
Defendant Liu Xiju's defense lawyer also put forward the opinion that the role of defendant Liu Xiju is even smaller than that of defendant Zeng Qichang. After investigation, the defendant Liu Xiju personally negotiated with the buyer, agreed on the trading places, and counted the counterfeit money in the transaction, and the difference he was prepared to earn was more than that of the defendant Zeng Qichang. Therefore, his role in selling counterfeit money should be slightly heavier than that of the defendant Zeng Qichang. Therefore, the defense opinions put forward by the defendant Liu Xiju's defense lawyer are insufficient, and our court will not adopt them.
According to the provisions of Article 171, paragraph 1, Article 26, paragraph 1, paragraph 4, Article 27, Article 52, Article 53 and Article 64 of the Criminal Law of People's Republic of China (PRC) and Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Counterfeiting Currency Cases, the judgment is as follows:
1. Defendant Lu committed the crime of buying and selling counterfeit money and was sentenced to 11 years' imprisonment (the term shall be counted from the date of execution of the judgment). In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, from April 16, 2003 to April 15, 2004), and a fine of RMB120,000 Yuan shall be imposed (the fine shall be paid within three months from the effective date of this judgment) and turned over to the state treasury.
2. Defendant Liu Xiju committed the crime of selling counterfeit money and was sentenced to five years' imprisonment (the term shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, from April 16, 2003 to April 15, 2008), and a fine of 70,000 yuan shall be imposed (the fine shall be paid within three months from the effective date of this judgment) and turned over to the state treasury.
3. Defendant Zeng Qichang was convicted of selling counterfeit money and sentenced to four years' imprisonment (the term shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, from April 16, 2003 to April 15, 2007), and a fine of RMB 60,000 (the fine shall be paid within three months from the effective date of this judgment) shall be paid to the state treasury.
4. The fake RMB 500,000 yuan seized by the defendant Lu was destroyed by the public security organ, and the rest of the money and materials seized by the defendants Lu, Liu Xiju and Zeng Qichang (see the seizure list for details) were confiscated by the public security organ to offset the fine and turned over to the state treasury.
If you refuse to accept this judgment, you can appeal to the Guangdong Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and two copies.