It can be predicted that cracking down on crimes in the aged care service industry will become the key work of the public security organs in the next six months. Selected criminal cases involving the pension industry are as follows:
Case 1: illegally absorbing public funds by providing pension projects and returning kickbacks.
Case introduction: During the period from 20 1 1 in 2007 to 20 1 in 2008, the defendants Luo Mou1and Luo Mou 2 used the company to promote the pension project operated by Hunan Qingquanshan Pension Service Co., Ltd. in Liuzhou, and made investors sign the Qishan Apartment Health Reservation Form.
As a result, the People's Court of Chengzhong District of Liuzhou City sentenced the defendant Luo Mou 1 to three years and six months' imprisonment and fined RMB 150,000. Sentenced the defendant Luo to 2 years' imprisonment and fined RMB100000 yuan; After the verdict was pronounced, the two did not appeal and the verdict came into effect.
Case 2: the case of producing and selling fake and inferior toxic and harmful health care products.
Since 20 13 years, defendant Lv Moumou has purchased a large number of production equipment, empty capsule shell and other means of production, and successively cooperated with defendant Lv Mousheng and others to produce counterfeit health products such as tonifying kidney and strengthening yang, lowering blood sugar and blood pressure, and illegally added non-food raw materials in zhongmou county, Henan Province. Lv Mou Wei distributed health care products processing business cards in Inner Mongolia and other drug fairs, and publicized them to attract customers. After producing counterfeit health care products, Lv Moumou sold them to Li (handled separately) and others through logistics, and Li packaged them into counterfeit health care products such as "Shengao" brand Xueyuan soft capsules and "Yishenqin" brand Honghua Rhodiola soft capsules, which were sold nationwide. After sampling inspection, glibenclamide and sildenafil, which are prohibited by the state, were detected in the above health care products and raw materials.
The judgment of Jiyuan People's Court and the judgment of Jiyuan Intermediate People's Court (20 19) hold that the defendant Lu Moumou and others doped non-food raw materials prohibited by the state in the production and sale of counterfeit health care products, which has constituted the production and sale of toxic and harmful food. Lv Moumou and Lv Mou Province play a major role in joint crimes and are the principal offenders. A province in Lu was sentenced to probation for intentional crime and committed a new crime within the probation period. Therefore, the suspended sentence should be revoked and several crimes should be punished together. Accordingly, the defendant Lu Moumou and others were sentenced to fixed-term imprisonment 15 to 2 years according to law.
Case 3: Selling counterfeit "health products" without health product identification and health license registration.
Brief introduction of the case: From June, 20 12 to July, 20 13, Xie Moufeng and Xie Moucheng used the personal information of citizens illegally obtained from the Internet to hire several telephone operators, posing as the staff of China Association for the Aged and Health Care Products Company, and used publicity and winning prizes as bait to promote "health care products" to some elderly people who did not have health care products labels and were not registered with health permits. Through the above means, Xie Moufeng and others * * * trafficked more than 3,000 people, involving more than 20 provinces in China, involving a total amount of * * * 1, 886,689.84 yuan.
As a result of the verdict, the court held that the defendants Xie Moufeng, Xie Moucheng and others used the method of fabricating facts and concealing the truth for the purpose of illegal possession, and defrauded others' property by selling counterfeit health care products, which constituted the crime of fraud. Defendants Xie Moufeng and Xie Moucheng are the initiators of this case. Xie Moufeng invested in renting a house engaged in fraud activities, purchased equipment and equipment engaged in fraud activities, and organized the purchase of goods. Xie Moucheng provided operators who were familiar with the sales promotion methods, and both defendants were principal offenders. Accordingly, the defendants Xie Huaifeng and Xie Huaicheng were sentenced to 11 years in prison and fined RMB 100,000. Defendants such as Jie were sentenced to fixed-term imprisonment ranging from three years to one year or a single fine for fraud.
Case 4: selling drugs and health care products as professional medical personnel such as "old Chinese medicine practitioners" and "male health consulting teachers"
Case 5: Selling the cheap "safflower fruit" as a precious medicinal material "saffron"
Brief introduction of the case: From April to June, 2009, the defendant Zheng Moujiao and others, with the collusion of * *, pretended to be a cheap "safflower seed" as a valuable medicinal material "saffron" and fled to Minhou County, Fujian Province, Yanping District, Nanping City, Fujian Province and other places to defraud middle-aged and elderly women with diseases. 2065438+On April 27th, 2009, Zheng Moujiao and others found Lin Moufang (female, 64 years old) with diabetes in Jinqiao Vegetable Market in Jinyu Village, Shangjie Town, Minhou County. By chatting up and cooperating with each other, Lin Moufang mistakenly thought that "saffron" could cure his diabetes, and then lured Lin Moufang to Wu Mou to buy "fake saffron" to defraud RMB 8,000. On June 29th, 1965 1 1, Zheng Moujiao, Zhao Mouhua and Wen Mouzhen found Ye Mouzhu (female, 63 years old), a victim with diabetes, in the outpatient hall of Yanping District People's Hospital in Nanping City. After chatting with each other, Ye Mouzhu mistakenly thought that "saffron" could cure his diabetes, and later Ye Mouzhu. After the incident, the family members of the defendants Zheng Moujiao, Wen Mouzhen, Qian and Zhao Mouhua have returned all the illegal gains of fraud to the two victims on behalf of the four defendants, and obtained the understanding of the two victims.
After the verdict was heard by Yanping court, according to the criminal facts and seriousness of the four defendants, the defendants Zheng Mojiao, Wen Mozhen, Qian and Zhao Mouhua were convicted of fraud and sentenced to fixed-term imprisonment ranging from seven months to eight months respectively, and fined RMB 7,000.
Case 6: Get a personal letter from a diabetic, and sell health care products or food through website advertisements and purchases.
Brief introduction of the case Defendant Wei Mouqi registered and established a Beijing Biotechnology Co., Ltd. on 20 17, and recruited Defendants Wang and Xiao Mobing as department heads. The company obtained more than 2 1900 pieces of personal information of diabetic patients through website advertisements and purchases, and then tricked the victims into buying non-therapeutic health care products or food in the name of "health tutor" and "Chinese medicine teacher". From June 20 17 to July 20 19, the telecom fraud group * * * defrauded the victims of more than 39 million yuan. ?
According to the verdict, Qingdao Intermediate People's Court held that this case belongs to a relatively fixed criminal organization composed of more than three people who commit telecommunication network fraud crimes and should be recognized as a fraud criminal group according to law. Wei Mouqi plays an organizing and leading role in the whole criminal group and is the ringleader. Punish according to all the crimes committed by the group according to law. Wang and Xiao Mobing are the backbone and principal criminals of criminal groups, and they are punished according to all the crimes they participate in, organize or direct. Other defendants who play a minor role in the same crime are accomplices and shall be given a lighter or mitigated punishment according to law. In the end, Wei Mouqi was sentenced to life imprisonment for fraud and infringement of citizens' personal information, deprived of political rights for life, and confiscated all personal property; The remaining 26 defendants were sentenced to fixed-term imprisonment ranging from 12 years to one year and seven months for fraud and infringement of citizens' personal information, respectively, and fined.
Case 7: Buying personal information and pretending to be a medical expert to commit fraud.
Brief introduction: From 2065438 to June 2005, the defendant Shen Mouping planned to set up Guangzhou Haoxi Trading Company, openly recruited people to set up a criminal group, and pretended to be Zhang Boli and other experts and professors to carry out telecommunication network fraud activities. The criminal group purchased more than 6,543,800 pieces of personal information with health care products purchase records through others. The front-line operators pretended to be staff members of Chinese Academy of Sciences, Tongrentang and other units to introduce "experts" and "professors" to the victims and record the information of the victims who intended to consult; According to the information provided by the first-line operators, the second-line operators pretend to be experts and professors such as Zhang Boli and Hu Weiqin. First, in the name of helping victims detoxify, repair and consolidate, health care products purchased at low prices are sold at high prices as "specific drugs"; Later, he fabricated reasons such as holding a local seminar, establishing a file of the Ministry of Health, handling type certificate, and going to Germany for medical treatment, and asked the "client" to pay the relevant huge expenses in advance, thus defrauding 78 victims of 3.24 million yuan. Judgment results This case was first tried by Hai 'an People's Court and second tried by Nantong Intermediate People's Court, and it has come into effect. The court held that the defendant Shen Mouping colluded with others to defraud property, and the amount was extremely huge, and his behavior constituted a crime of fraud; The defendant, Shen Mouping, illegally obtained citizens' personal information, and the circumstances were particularly serious, and his behavior also constituted a crime of infringing citizens' personal information. Shen Yangping committed several crimes and should be punished for several crimes according to law. Shen, an equal, forms a relatively fixed criminal organization and is a criminal group. Shen Mouping is the ringleader of a criminal group and should be punished according to all the crimes committed by the group. Shen Mouping had a good attitude of pleading guilty in the trial, and his relatives returned some of the stolen money on his behalf, which could be given a lighter punishment as appropriate. Accordingly, the defendant Shen Mouping was sentenced to fixed-term imprisonment of 12 years and 6 months for fraud and 3 years and 6 months for infringement of citizens' personal information. Sentenced to fixed-term imprisonment 13 years and fined.
Case 8: Pretending to be a professor, director and dean of Beijing 30 1 Hospital, selling generic drugs as specific drugs.
Brief introduction of the case From September 20 18 to February 20 19, the defendant Ma et al. set up a fraud group in the form of a "drug sales" company to buy drugs such as Liuwei Dihuang Pill, Niuhuang Shangqing Pill and Areca Thirteen Pills online, and removed the original packaging and repackaged them. After that, he obtained the information of people who bought health care products through the Internet, pretended to be a professor, director and dean of Beijing 30 1 Hospital, called the victim, lied that he could treat the diseases mentioned by the victim, and sold the repackaged ordinary drugs to the victim in the name of specific drugs of Beijing 30 1 Hospital. Ma and others committed 235 frauds through the above means, and the amount of fraud was more than 500,000 yuan.
As a result of the verdict, the court held that the actions of eight people, including the defendant Ma, had constituted the crime of fraud. If each defendant truthfully confesses the facts of the crime and shows remorse, he may be given a lighter punishment. According to the defendant's position and role in the criminal group, he was sentenced to fixed-term imprisonment ranging from 12 years to one year and one month, and fined from 100,000 yuan to 5,000 yuan.
Case 9: Pretending to be an expert, forging a medical report, false propaganda and other means to cheat the elderly on health food.
Brief introduction of the case From September 20 18 to February 20 19, the defendant Ma et al. set up a fraud group in the form of a "drug sales" company to buy drugs such as Liuwei Dihuang Pill, Niuhuang Shangqing Pill and Areca Thirteen Pills online, and removed the original packaging and repackaged them. After that, he obtained the information of people who bought health care products through the Internet, pretended to be a professor, director and dean of Beijing 30 1 Hospital, called the victim, lied that he could treat the diseases mentioned by the victim, and sold the repackaged ordinary drugs to the victim in the name of specific drugs of Beijing 30 1 Hospital. Ma and others committed 235 frauds through the above means, and the amount of fraud was more than 500,000 yuan.
As a result of the verdict, the court held that the actions of eight people, including the defendant Ma, had constituted the crime of fraud. If each defendant truthfully confesses the facts of the crime and shows remorse, he may be given a lighter punishment. According to the defendant's position and role in the criminal group, he was sentenced to fixed-term imprisonment ranging from 12 years to one year and one month, and fined from 100,000 yuan to 5,000 yuan.
Case 10: deliberately exaggerating the severity of diseases in the elderly and selling health care products as medicines.
Case Introduction: Since June 2065438+2006, after the defendants Pan Moyu and Zhang appointed the place, various salesmen pretended to be interns in health schools and other false identities to go to the designated place for publicity, and organized the elderly to have a free physical examination, fill out the National Physical Examination Form for Cardio-Brain Rehabilitation Project and the Health XX Line Census Card, and then induced them to continue to take up employment in other places on the grounds of providing medical experts with free medical treatment and car use. After arriving at the scene, according to the numbered sequence, inspector "Meng Xiao" first gave the victim a physical examination and printed out the examination results. Then the defendants Zheng Caifeng, Zheng Caifeng and Zheng Caifeng pretended to be medical experts and professors in well-known hospitals, using pseudonyms such as "Guan", "A" and "A"1to falsely report the test results, deliberately exaggerating the severity of the diseases of the elderly and concealing "Kang". This product is described as a medicine, and its therapeutic effect is exaggerated. It is strongly recommended that this product can treat cardiovascular and cerebrovascular diseases and diabetes, and induce some elderly people to buy this health care product.
The verdict shows that the defendants Pan Moyu and Zheng Momei took advantage of the elderly's poor health and eagerness to pursue health for the purpose of illegal possession, and adopted means such as fabricating facts and concealing the truth to defraud public and private property. The amount is huge, and its behavior has constituted the crime of fraud. The defendant committed crimes against the elderly in many places, which was harmful to society and should be severely punished. They were sentenced to fixed-term imprisonment ranging from 7 to 3 years and fined.