At the beginning of 20 19 12, the defendant Feng added the victim Chen as a WeChat friend through his mobile phone. 20 10 June 5438+1October 3 1 day to February 4, 2020, during the epidemic prevention and control in novel coronavirus, the defendant Feng saw the information that the victim Chen Mou bought a mask in the circle of friends on WeChat. In order to obtain illegal benefits, he contacted Chen Mou on his own initiative through WeChat, falsely claiming that he had a large number of epidemic prevention masks for sale and taking advantage of the victim's eagerness to buy masks.
Subsequently, the defendant took out the defrauded money several times and squandered some of the money. On February 13, the defendant was arrested by the public security organs at his residence, and two mobile phones were seized on the spot, with cash of RMB 69,700. During the trial of the case, the relatives of the defendant returned the illegal income of RMB 26,800.
For the purpose of illegal possession, the defendant Feng made up the fact that he had a large number of epidemic prevention masks for sale, and defrauded others of a huge amount of property, which constituted a crime of fraud.
Extended data:
In view of the fact that the defendant intentionally committed a crime during the prevention and control of the epidemic situation in novel coronavirus, he was given a heavier punishment according to the Opinions on Punishing Illegal Crimes that Hinder the Prevention and Control of novel coronavirus Infection. At the same time, in view of the defendant's criminal record, frank circumstances, voluntary confession and repentance, and the return of all illegal income, the above judgment was made according to law and pronounced in court. The defendant said in court that he obeyed the judgment and did not appeal.
After the verdict was pronounced, the presiding judge Tian gave a legal interpretation and profound education on the rule of law to the defendant Feng in combination with the current special situation of fighting the epidemic and the case. The defendant accepted it and expressed deep remorse for his actions.
The Procuratorate of Binhai New Area filed a public prosecution with the People's Court of Binhai New Area on February 9, 2020. On the same day, the court filed a case for acceptance. On February 20, the court issued an arrest decision and took the defendant into custody. On February 24th, the case was heard in public and pronounced in court. In the critical period of epidemic prevention and control, the Binhai New Area Court insisted on concluding such cases strictly and quickly according to law, which fully demonstrated the determination and deterrence of the judicial organs in cracking down on epidemic-related crimes. While insisting on quickly concluding epidemic-related cases, Binhai New Area Court also pays more attention to protecting the defendant's litigation rights. After accepting the case, the hospital actively contacted the Legal Aid Center of Binhai New Area, and reached an agreement on "full coverage of lawyers" in epidemic-related cases, making it clear that all defendants in epidemic-related cases who have not entrusted defenders will be assigned lawyers by the Legal Aid Center to provide legal aid to the defendants.