The people's procuratorate of Hai 'an County, the public prosecution organ.
Defendant Xue San, male, born on, is unemployed and lives in Siyang County. On February 6, 2006, he was sentenced to four months' criminal detention and fined RMB 2,000 by Xishan District People's Court of Wuxi for committing extortion. On February 20th, 20 17, he was sentenced to 10 months' imprisonment and fined RMB 4,000 by Jiangning District People's Court of Nanjing. 20/kloc-0 was released from prison on July 6, 7. 20 18 was criminally detained by Hai 'an Public Security Bureau on August 30th on suspicion of contract fraud, and was arrested with the approval of Hai 'an People's Procuratorate on September 30th of the same year, and was arrested by Hai 'an Public Security Bureau on the same day. Now detained in Hai 'an Detention Center.
Trial process
Defendant Xue San committed the crime of contract fraud and was charged by Hai 'an County People's Procuratorate with indictmentNo. 1002 dated February 6, 2004. [20 18]606, and filed a public prosecution with our hospital on February 28, 20 18, suggesting the application of summary procedure. Our hospital filed a case on the same day, and after examination, it was considered that the case was not suitable for summary procedure, which was passed on February 28, 20 19. On March 4, 20 19, the people's procuratorate of Hai 'an filed an additional prosecution with the decision of [20 19]No. 1. Our court formed a collegial panel according to law and heard the case in public. Hai 'an Municipal People's Procuratorate appointed procurator Shen Haipeng and attorney Wang Zhongyue to appear in court to support the public prosecution. Defendant Xue San appeared in court to participate in the lawsuit. The trial is now over.
Request situation
The people's procuratorate of Hai 'an City filed a public prosecution or additional prosecution: Defendant Xue San learned the transportation information released by others through the "Yunmanman" network transportation platform on October 20110, concealed his true identity, reached an oral transportation agreement with others, lied that the goods were transported to the destination as agreed, and changed the transportation route and mode without authorization after obtaining the goods. Defendant Xue San took the above measures to defraud Gu Mou, Zhu Mou, Wang Mou for a total of 53,700 yuan and fuel card, and the total amount of stolen money was 76,700 yuan. In view of the above alleged facts, the public prosecution agency submitted the defendant's confession, victim's statement, witness testimony, relevant documentary evidence and other evidence in court, confirmed the alleged facts, and believed that the defendant Xue San should be investigated for criminal responsibility for contract fraud. Submit to our court for sentencing according to law.
Defendant's point of view
During the trial, the defendant Xue San had no objection to the facts and charges accused by the prosecution.
Case facts
It was found through trial that the defendant Xue San obtained the equipment consignment information released by Gu, Zhu and Wang through the "Yunmanman" network transportation platform from 20 17 1 8, falsely claiming that the goods had been delivered to the destination, and defrauded Gu, Zhu and Wang of their money. Defendant Xue San, after receiving the freight prepaid by the other party, concealed the real transportation route and mode, arranged for others to transport the goods to the port, entrusted the port carrier to transport the goods to the destination by cash on delivery, and fled after defrauding the freight generated by the port carrier. The shipper still needs to pay the corresponding freight to the port carrier when picking up the goods. Defendant Xue San used the above means to defraud Gu Mou, Zhu Mou, Wang Mou and others of RMB 52,800 and fuel card, totaling RMB 75,800. The specific facts are as follows:
1. Defendant Xue San learned the freight information released by Gu from Hai 'an City to Haikou City, Hainan Province on June 20165438+1October 2 1, and reached an oral agreement with Gu with a false identity, falsely claiming that the goods were transported to the destination by land as agreed. Arrange Wang and others to transport the goods to Taicang Port without authorization, and then entrust Luo's container transportation company to transport the goods to Haikou City in the name of Gu. At the same time, in the name of prepaid freight, he defrauded Luo's container transportation company of RMB 4,000 and escaped. When Gu received the goods, he paid a total of RMB 33,000 to Luo's container transportation company, and paid liquidated damages for delayed delivery and lost time.
On July 4th, 2018, the defendant Xue San learned about the freight information from Hai 'an City to Haikou City in Hainan Province released by Zhu through the "Yunmanman" network transportation platform, so he signed a transportation agreement with Zhu in the name of the driver Cao, falsely claiming that the goods were transported to the destination by land as agreed, and received an advance payment of RMB 8,000 and a fuel card worth RMB 8,000 from Zhu, and then arranged for Cao to divert the goods to Lianyungang Port. And pretending to be the owner, he entrusted a freight forwarding company in Guangzhou Shipyard to transport the goods to Haikou City, and at the same time defrauded a freight forwarding company in Guangzhou Shipyard of RMB2,300 in the name of prepaid freight. When Zhu received the goods, he paid 65,438 yuan +0.965438 yuan +0.0000 yuan to Guangzhou Shipping Agency, and paid 65,438 yuan+0.0900 yuan for manual unloading.
On August 27th, 20 1 8, the defendant Xue San learned the freight information released by Liu from Jingjiang City, Jiangsu Province to Danzhou City, Hainan Province through the "Yunmanman" network transportation platform, contacted the logistics company operated by Wang1under a false identity, signed a transportation agreement with Liu in the name of the company's driver Wang Mou4, and lied that the goods were transported to the destination by land according to the agreement. Received a prepayment of 7,000 yuan from Liu and a fuel card with a value of 5,000 yuan, arranged for Wang 4 to transport the goods from Jingjiang to Shanghai, and defrauded Wang 1 yuan on the grounds of asking for vehicle information fees and escaped. After Liu paid Wang 1 fee, he took back the goods by himself and counted them separately.
On August 27th, 2018, the defendant Xue San learned about the freight information from Dafeng City, Jiangsu Province to Danzhou City, Hainan Province released by Wang Mou2 through the "Yunmanman" network transportation platform, so he reached a transportation agreement with Wang Mou2 through WeChat, falsely claiming that the goods were transported to the destination by land as agreed, arranged for the driver Cui Mou to receive the goods, and obtained the value of the goods prepaid by Wang Mou2 to Cui Mou of RMB 65,438. After paying the freight of 3,200 yuan, Wang 2 takes back the goods by himself and consigns them separately.
On August 7, 20 18, the victim Zhu reported to the public security organ that the defendant Xue San lost contact after signing a transportation contract with him and collecting the freight, and failed to transport the goods to the destination. Hai' an Public Security Bureau filed a case on the same day. On August 29th, 20 18, the victims Liu and Cui called the police. On the same day, the defendant Xue San was arrested and confessed to defrauding Zhu's property. On September 2 of the same year, the victim Gu reported the case to the public security organ.
After the incident, the public security organs detained the defendant Xue San RMB 1 10,000 yuan and the mobile phone 1 department, and temporarily detained the Hai 'an Public Security Bureau.
It was also found out that the defendant Xue San was sentenced to four months' criminal detention and fined RMB 2,000 by the Xishan District People's Court of Wuxi on February 16, 2006 for the crime of extortion. On February 20th, 20 17, he was sentenced to 10 months' imprisonment and fined RMB 4,000 by Jiangning District People's Court of Nanjing. 20/kloc-0 was released from prison on July 6, 7.
Defendant Xue San had no objection to the above facts during the trial, including the statements of victims Gu, Zhu and Wang, the testimonies of witnesses Zhang, He, Wang 1, Shi and Cui, and the identification record, documentary evidence agreement, WeChat chat record, seizure list, case acceptance registration form, transfer notice, criminal judgment and release letter made by Hai 'an County Public Security Bureau.
Court view
We believe that the defendant Xue San defrauded others of property in the process of signing and performing the contract, and the amount was large, which constituted the crime of contract fraud. Defendant Xue San was sentenced to more than fixed-term imprisonment for the crime of contract fraud, and committed the crime of more than fixed-term imprisonment within five years after the execution of the penalty. He is a recidivist and should be severely punished according to law. Defendant Xue San truthfully confessed his main criminal facts after returning to the case, and can be given a lighter punishment according to law. The defendant Xue San has a criminal record and may be given a heavier punishment as appropriate. During the trial, he pleaded guilty with a good attitude and could be given a lighter punishment as appropriate.
Accordingly, in accordance with the provisions of Items (1) and (4) of Article 224, Paragraph 1 of Article 65, Paragraph 3 of Article 67 and Article 64 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows:
Case results
1. Defendant Xue San was convicted of contract fraud, sentenced to one year and three months in prison and fined RMB 20,000.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 30th, 20111June 29th, 9. The fine shall be paid within ten days after this judgment takes effect. )
2. The defendant Xue San was ordered to compensate the victim Gu for RMB34,000; Repay the victim Zhu RMB 18300 yuan; Repay the victim Liu RMB 13500 yuan; Repay the victim Wang 2 people RMB 1 ten thousand yuan. The seized 1000 RMB and mobile phone will be used to offset the compensation.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Nantong City, Jiangsu Province 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.