As the defender of the defendant Wang Moumou, I put forward the following sentencing opinions on the defendant's alleged fraud according to law.
First, about the sentencing circumstances of the defendant Wang Moumou.
(1) Defendant Wang Moumou has rendered meritorious service. After the defendant Wang was arrested by the public security organs on June 28th, 20 10, he truthfully confessed his criminal history with other accomplices, and provided all the information such as photos, real names, mobile phone numbers and addresses of the other two defendants, actively cooperated with the public security organs to arrest the other two defendants, so that the case could be solved in time and the economic loss of the victim Zhong could be recovered in time. According to the provisions of Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service and Article 5 of the Supreme People's Court's Opinions on Several Specific Issues Concerning Handling Cases of Surrender and Meritorious Service, the defendant Wang Moumou should be deemed to have performed meritorious service. According to the fifth paragraph of Article 3 of the Guiding Opinions of the People's Court on Sentencing (Trial), the scope of lenient treatment is determined by comprehensively considering the factors such as the size, frequency, content, source, influence and severity of the crime.
(2) The defendant Wang Moumou played a secondary role in the accomplice crime, and the factual reason for his secondary role was: 1, the secondary role in criminal intervention. According to the interrogation record of the victim Zhongmou and the interrogation record of the defendants Wang Moumou, Huang Moumou and Cen Moumou, the defendant Cen Moumou kept in touch with the victim Zhongmou from 20 10 to 1 to March, and gained the trust of the victim Zhongmou. The defendant Wang Moumou and the victim Zhong did not know each other before. Later, after Wang met Zou Moumou and Huang Moumou, in 2066, Wang Moumou was accidentally involved in this crime after knowing Zou Moumou and Huang Moumou. It is an accidental crime and plays a secondary intervention role. 2, the auxiliary role of criminal behavior. In terms of criminal behavior, according to the victim Zhong's "Inquiry Record", the defendant Wang Moumou only called twice and did not often contact the victim. Instead, the defendant, Cen Moumou, kept in touch with the victim, handled two bank accounts, informed the victim's account by SMS and telephone and remitted money. After the victim remitted the money, the money was always dominated by Cen Moumou and Huang Moumou, and the defendant Wang Moumou had no right to master the above funds, so he played a secondary role in the behavior. 3. The secondary role of the distribution amount. (1) The negotiation of distribution mode is secondary. Judging from the public prosecution opinions of the public security organs, all three people got the same 60,000 yuan. Actually, it's not. Wang Moumou did not get 60,000 yuan because the withdrawal card was always in the hands of Yan Moumou and Huang Moumou, and the defendant Wang Moumou did not live with the other two defendants. No consultation and exchange of interests with others. (2) In terms of discourse power, the mode of distribution is secondary. Every time the money is divided, it is proposed by Yan Moumou or Huang Moumou, and the defendant Wang Moumou obviously has no say in the distribution method. (3) the secondary nature of actual income. Combined with the facts of this case, the defendant only got 57,000 yuan. According to paragraph 10 of Article 3 of the Detailed Rules for the Implementation of the Guiding Opinions of the People's Courts on Sentencing (Trial) issued by the Higher People's Court of Shandong Province, * * * If there are more than two principals in the same crime or it is not appropriate to distinguish between principals and accomplices, the benchmark punishment can be reduced by less than 20% for those with less influence.
(3) The defendant Wang Moumou is a first-time offender. He has no criminal record and no criminal punishment, so he should be regarded as a first-time offender.
(4) The defendant Wang Moumou voluntarily pleaded guilty in court. Defendant Wang Moumou pleaded guilty in court on 2011121,and his attitude of pleading guilty was good. In the investigation stage, I have voluntarily confessed all the behaviors I participated in; According to Paragraph 7 of Article 3 of the Guiding Opinions on Sentencing of People's Courts (Trial), those who voluntarily plead guilty in court may be given a mitigated punishment below 10% of the benchmark punishment according to the nature of the crime, the severity of the crime, the degree of confession and the performance of repentance, except those who are found to have surrendered and confessed according to law.
(5) The defendant Wang Moumou voluntarily returned the stolen goods to the victim Zhong. On August 9, 20 10, Wang returned the victim Zhongmou 83,666 yuan through the public security organ. Not only actively returned all the defrauded money to the victim, but also compensated Zhong for some other losses. According to the eighth paragraph of Article 3 of the Guiding Opinions on Sentencing of People's Courts (Trial), the benchmark fine can be reduced by less than 30% by considering the nature of the crime, the extent to which the return of stolen goods and compensation can make up for the damage, the amount and initiative of the return of stolen goods and compensation.
(6) The defendant Wang Moumou actively compensated the economic loss of the victim Zhong. Because the other two defendants could not refund the compensation, the defendant Wang Moumou compensated the victim for 26,666 yuan through the public security organ on August 9, 20 10. According to the ninth paragraph of Article 3 of the Guiding Opinions of the People's Court on Sentencing (Trial), if the economic losses of the victims are actively compensated, the factors such as the nature of the crime, the amount of compensation and the ability to compensate can be reduced by less than 30% on the basis of the basic punishment.
(seven) to obtain the understanding of the victim. The victim Zhongmou issued a letter of understanding on August 30, 20 10 to understand the defendant Wang Moumou and requested the court to give him a lighter punishment. According to Article 3 10 of the Guiding Opinions on Sentencing of People's Courts (for Trial Implementation), if the victim or his family understands, they can comprehensively consider the nature of the crime, the severity of the crime, the reasons for understanding and the degree of confession and repentance, and reduce it by less than 20% on the basis of the benchmark punishment.
2. The calculation result of sentencing is: 3 years' imprisonment.
Legal basis: Criminal Law, Criminal Procedure Law, Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Voluntary Surrender and Meritorious Service Cases, Opinions of the Supreme People's Court on Several Specific Issues Concerning Handling Voluntary Surrender and Meritorious Service Cases, Sentencing Guidance of the Supreme People's Court People's Court (Trial) and Implementation Rules of Sentencing Guidance of Shandong Higher People's Court (hereinafter referred to as the Detailed Rules).
1, the starting point of punishment is three years. Basis: Rule 5, (7), 1, (2)2. The benchmark punishment is five years and six months. Basis: Rules 4, 7, 2, 2 and 3. Meritorious service. First, adjust the benchmark punishment. Negative 20%. 5.5 years * 20% = 1. 1 year. Basis: Rule 2(3) and Rule 3 10.
4, the role in the crime of * * * is small, reduced by 20%. 5.5 years * 20% = 1. 1 year. According to rule 3, 105, the sentence was reduced by pleading guilty in court 10%. 5.5 years * 10% = 0.55 years. Authorization: rule 3, rule 22.
6. Return the stolen goods and compensate 30%. 5.5 years * 30% = 1.65 years. Authorization: rule 3, rule 23.
7. Actively compensate the victims for their economic losses, reducing them by 20%. 5.5 years * 20% = 1. 1 year. Authorization: rule 3, rule 24.
8. Get 20% understanding from the victim. 5.5 years * 20% = 1. 1 year. Authorization: rule 3, rule 25.
Third, it is suggested that the collegial panel consider applying probation to the defendant Wang Moumou.
Article 72 of the Criminal Law stipulates that "for criminals sentenced to criminal detention or fixed-term imprisonment of not more than three years, if the application of probation does not really harm society according to the criminal's criminal circumstances and penitence, probation can be declared. If a criminal who has been suspended is sentenced to additional punishment, the additional punishment must still be executed. "
To sum up, the defendant Wang Moumou was a first-time offender, with minor criminal circumstances and meritorious service. Active restitution and return of stolen goods and compensation for the economic losses of the victims, voluntary payment of fines, have other legal and discretionary circumstances of lighter or mitigated punishment. At the same time, the defendant Wang Moumou also pleaded guilty to his actions and sincerely repented; There is indeed repentance, and the application of probation will not harm the society again, so I hope to apply probation to Wang Moumou.
The above sentencing opinions are for the reference of the collegial panel.
Defender: Shandong Fajie Law Firm.
Xx lawyer
20 1 1 year 1 month 2 1 day