The defendant has property under his name. Why can't the victim get the compensation refund

2023-02-17

"Thank you very much, I have received all the money I was cheated." Recently, Guo Yufang, the prosecutor of the Xicheng District Procuratorate of Beijing, received a call from Cao, a victim of a fraud. In this case of supervision over the execution of property punishment, the procuratorial organ was able to perform its duties, and Cao took back his losses, which brought the case to a close. After the transfer, the seller "disappeared from the world" Cao is a self-employed person in a postal card market in Beijing. Because of the nature of his work, he often exchanged some commemorative coins and cards online and then sold them. In March 2018, the market of the commemorative coin of the Year of the Dog was good. Cao contacted the seller Liu Mou online to purchase the commemorative coin of the Year of the Dog, and both parties agreed to transfer payment before delivery. Cao transferred 4520 yuan to Liu on the same day. Three days later, Cao transferred 6720 yuan to Liu because he wanted to buy more commemorative coins. Who knows, after the second transfer, Liu played "disappear in the world". Feeling bad, Cao reported the case to the police station. In October of the same year, the police called Cao Mou and told him that Liu Mou had gone to the police station to add information. "In the next four years, I didn't receive any refund until one day in September 2022, the prosecutor of the Xicheng District Procuratorate called me and asked me if I had returned the money I had been cheated. I thought at that time that the matter had passed for so long, and the money might not come back." Cao said. The prosecutor found clues to the case of supervision of property penalty execution. In July 2022, the Xicheng District Procuratorate received the data of the district court's filing and closing of property penalty execution in 2021 from the Beijing Municipal Procuratorate. How to carry out targeted supervision? After analysis and discussion, the Xicheng District Procuratorate decided to narrow the scope, start with the case that ended the execution procedure, and check one by one to confirm whether the person subjected to execution has no property for execution. "Although the case is closed, the property punishment may not have been implemented or fully implemented," Guo Yufang said. To judge the property situation of the person to be executed, on the one hand, we need to consult the original case file to understand the situation of the person to be executed; On the other hand, we can learn about the actual implementation of the property penalty by consulting the execution file of the execution organ. However, it seems unrealistic to transfer many execution files, so the case-handling team decided to choose "small cut" - starting with the amount of execution cases filed, to compare more than 1000 property penalty execution cases that ended the execution process with the original case judgment in the procuratorial business application system one by one. In this way, the clue of Liu's property punishment execution supervision case came into the sight of the prosecutor. In order to further verify the situation, Guo Yufang specifically contacted the victim Cao... "The prosecutor Guo asked me about the situation of being cheated on the phone to verify whether the money I was cheated was returned..." Cao recalled the first time he spoke with Guo Yufang on the phone, and said that later the prosecutor called again several times to ask about the refund. Guo Yufang and the case handling team found that the court sentenced the defendant Liu Mou to eight months' imprisonment and a fine of 10000 yuan for fraud after comparing the execution of the property punishment with the original judgment; Liu was ordered to return more than 10000 yuan to the victim; Two mobile phones were seized and sold off, and the sale money was included in the judgment

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:jcrb.com

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