A court in Wenxian County, Henan Province sentenced 13 people to punishment for a telecom fraud group

2022-11-01

With the development of the elderly care industry, some criminals use the elderly's desire for health and eagerness to seek medical treatment to cheat the elderly in the name of promoting health care products, encroaching on their property interests and harming their mental and physical health. Recently, the People's Court of Wenxian County, Henan Province concluded a case involving old-age fraud. The telecom pension fraud group composed of 13 defendants, including Yang, Sun and Wang, engaged in telecom fraud activities under the guise of selling health care products to the elderly, resulting in 2770 elderly people being cheated and economic losses of more than 10.38 million yuan. The court found out through trial that in April 2020, the defendants Yang and Sun registered Shengyou Tiancheng Trading Co., Ltd. (hereinafter referred to as Shengyou Tiancheng Company), Yang served as executive director, legal representative and Sun served as supervisor. In March 2021, the defendants, Mr. Wang and Mr. Li (handled separately), joined the company, jointly controlled and operated with Mr. Yang and Mr. Sun, and held shares on average. Since September 2020, under the guise of operating Shengyou Tiancheng Company, Yang and Sun have successively recruited and organized 10 defendants, Shao and Wang, who do not have the qualifications of doctors, pharmacists or pharmaceutical technology, to form a fixed telecommunications fraud criminal group, fake medical experts, call in groups or make individual calls to unspecified elderly people by fraud means such as exaggerating product efficacy, and purchase health products Drugs are sold to the elderly at a price of several hundred yuan to obtain illegal benefits. By the time of the crime, the criminal group had cheated 2770 elderly victims of more than 10.38 million yuan. The court also found out that since March 2021, in order to reduce the cost of fraud, the defendants Yang, Sun and Wang agreed that Sun would illegally purchase the citizen information of a specific elderly group from a logistics employee Nie (another case) at a price of 0.5 to 0.8 yuan per message, paying a total of 47840 yuan. The information purchased was imported into the A9CRM system for the implementation of telecommunications fraud. After the trial, the court held that 13 defendants, including Yang, defrauded others of their property by means of telecommunications networks and fabricating facts for the purpose of illegal possession, and their acts constituted crimes of fraud; The defendants Yang, Sun and Wang illegally obtained the personal information of citizens, and the circumstances are serious. Their acts have all constituted the crime of violating the personal information of citizens. According to the status and role of each defendant in the criminal group, the defendants Yang, Sun and Wang were sentenced to fixed-term imprisonment ranging from 12 years, 6 months to 12 years, with a fine of 350000 yuan each, for the crime of fraud and the crime of violating the personal information of citizens; The remaining 10 defendants were sentenced to fixed-term imprisonment ranging from five years and five months to two years and were also fined in varying amounts for the crime of fraud. The illegal gains of the defendant shall continue to be recovered and returned to the victim, and the defendants shall be ordered to make restitution for the insufficient part. After the sentence was pronounced, four defendants refused to accept it and filed an appeal. Jiaozuo Intermediate People's Court ruled to reject the appeal and uphold the original judgment. (Liu Xinshe)

Edit:Yi Bing    Responsible editor:Wei Li Bin

Source:People's Court Journal

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