Promoting governance through cases and safeguarding the rights and interests of the elderly

2022-10-05

In the special action to crack down on old-age fraud, the People's Court tried cases of crimes against the rights and interests of the elderly in the name of providing "elderly care services" and investing in "elderly care projects" according to law. The Supreme People's Court recently released typical cases of people's courts focusing on cracking down on six categories of elderly fraud crimes. From the case of old-age fraud handled by the people's court, what are the characteristics of such crimes? How should we help the elderly to improve their awareness and ability to prevent fraud? The reporter conducted an interview. Clarify the characteristics of the case and focus on illegal fund-raising. In April 2016, the defendant Lu established a company. However, without the approval of relevant departments, Mr. Lu borrowed the name of the company, through issuing leaflets, holding promotion meetings and other ways, to publicly publicize that he can enjoy the elderly apartment housing preference after paying fees, and promised to repay the principal and interest in the form of high welfare consumption cards, currency and other ways, illegally absorbing more than 1.65 million yuan of funds from 51 elderly people. After trial, the court held that the defendant Lu violated the provisions of the national financial management laws, made public publicity by issuing leaflets, holding promotion meetings and other means, and promised to repay the principal and interest within a certain period of time to absorb funds from unspecified elderly people. The amount was huge, and his behavior constituted the crime of illegal absorption of public deposits, so he was sentenced to four years' imprisonment according to law. "Judging from the handling of pension fraud cases in recent years, the number of such cases in all criminal cases is not large, but it shows a growing trend year by year, showing some new situations and new features in the means and methods of fraud." Chen Xueyong, the chief judge of the Third Supreme Court of Justice and Criminal Justice, said that such cases involved multiple crimes, but mainly concentrated on the crime of fraud, the crime of illegal absorption of public deposits, and the crime of fund-raising fraud. Among them, the crime of illegal absorption of public deposits and the crime of fund-raising fraud accounted for about 80%. Chen Xueyong said that although old-age fraud cases generally accounted for a small proportion of all criminal cases, their nature was bad, the target of infringement was special, and social harm was great, which seriously affected the physical and mental health of the elderly and family harmony. Some cases involving illegal fund-raising in the field of old-age care involve a wide range of regions, a large number of fund-raising participants and a huge amount of money involved. Cautiously sign various contracts to recognize the six types of routines. From January 2015 to November 2017, the defendant Shen raised funds from the public through loans under the guise of investing in some projects and promising high interest returns. In the second half of 2016, Mr. Shen launched the project of "providing for the elderly with housing" to entice investment customers to mortgage their real estate to a small loan company for mortgage money, and then transfer the mortgage money to another company established by him. The defendant, Gu, in order to obtain benefits, clearly knew that Shen absorbed funds from unspecified public through these two companies, but he still lured and helped elderly customers to mortgage their houses to small loan companies to obtain mortgage money, and then lent the mortgage money to Shen. By the time of the crime, Mr. Shen had absorbed more than 298 million yuan in total, causing more than 168 million yuan of economic losses to fund-raising participants. Gu participated in the mortgage of 17 houses and helped Shen absorb 54.5 million yuan. Finally, the court sentenced Shen to life imprisonment for the crime of fund-raising fraud according to law, and the illegal gains were recovered, and the insufficient part was ordered to continue to refund; Gu was sentenced to three years and four months in prison for the crime of illegally absorbing public deposits, and ordered to return and compensate the illegal gains,

Edit:Lijialang    Responsible editor:MuMu

Source:people.com

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