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One of the serials of "2 · 18" Extraordinary Telecommunications Network Fraud Project-Trial and Trial

Release time: December 9, 2019

In recent years, there has been a high incidence of illegal telecommunication network fraud and crimes, seriously violating the safety of people's property, disrupting the order of telecommunication networks, disrupting social integrity, and affecting social harmony and stability. 2018 年起,安康铁路运输检察院成立刑检专案组,连续办理了四起电信网络诈骗专案,其中“ 2 · 18 ”特大电信网络诈骗专案的被告人多达 47 人、涉嫌犯罪事实 723 起、涉案金额 180 余万元,目前庭审已接近尾声。 Since 2018 , the Ankang Railway Transportation Procuratorate has set up a criminal prosecution task force and has handled four consecutive telecommunication network fraud cases. Among them, there were 47 defendants in the " 2. 18 " extra large telecommunications network fraud case, 723 suspected criminal facts , and involved The amount is more than 1.8 million yuan. At present, the trial is nearing completion.

Under the command of Deputy Attorney General Zhang Yiping, the task force continued to fight and scrutinize the factual evidence; division of labor and cooperation, and careful preparation of the trial plan; objective and fair, speaking with facts and evidence; Alleged of crime, heavy blow cracked down on telecommunications network fraud crime.

2 · 18 ”专案主办人之一宋利军撰写的《“ 2 · 18 ”特大电信网络诈骗专案纪实》,欢迎关注。 In order to let the masses better understand the telecommunications network fraud crimes, further enhance the awareness of security precautions, and demonstrate judicial justice, starting from today, the WeChat public account of the People's Procuratorate of Shaanxi Province will be published in serial form " 2 · 18 " Song Lijun, one of the sponsors of the project, wrote the " 2 · 18 " Extraordinary Telecommunications Network Fraud Project Record , and welcome your attention.

2 · 18 ”特大电信网络诈骗专案纪实》之一 One of the " 2 · 18 " Extraordinary Telecommunication Network Fraud Project Records

Trial and error

10 24 日,陕西省汉中市南郑区大河坎法庭出现了感人的一幕, 5 名被告人在最后陈述时分别向法官、检察官和律师鞠躬。 On October 24 , 2019 , a touching scene appeared in the Dahekan court in Nanzheng District, Hanzhong City, Shaanxi Province. The five defendants bowed to the judge, prosecutor and lawyer respectively in their final statements.

Defendant Li Moumou said: "I was mistakenly entered into a MLM organization because of my young ignorance. After several days of trials, I realized the crimes I committed. I thank the judges, prosecutors and lawyers for their hard work, especially the prosecutors. It gave me the opportunity to confess my confession and punishment, and let me see the hope of returning to society. "

The defendant Huang Moumou said: "I particularly regret what I did after joining the MLM organization. I am sorry for my family, my friends, and even my society. My newborn child needs parental care. I dare not imagine that without parental care. What kind of person will my child be when I grow up, and I thank the prosecutor for confession and confession, which will allow me to see my child at an early date. "

When Huang Moumou finished speaking, she cried, and the other defendants also burst into tears.

2 · 18 ”特大电信网络诈骗专案庭审现场,该案自 2019 9 24 日起在安康铁路运输法院开庭审理,经过安康、西安、汉中三地分别开庭,这是第六次开庭审理, 5 名被告人是该诈骗犯罪集团的首要分子和骨干成员。 This is the trial scene of the " 2 · 18 " extra large telecommunications network fraud case filed by Ankang Railway Transport Procuratorate . The case has been heard in Ankang Railway Transport Court since September 24 , 2019 , and has been heard in Ankang, Xi'an and Hanzhong. This is the sixth trial and the five defendants are the chief members and backbone members of the fraud group.

After analysis by the ad hoc group, it is believed that the final concentration of the case in this case will be a tough battle:

First, Li Moumou, the "boss" of the fraud group, is very mysterious. Only a few high-level members of the gang have met him. Since the case, Li Moumou has refused to acknowledge that he knows about fraud in the gang.

The second is that although the "big manager" Huang Moumou admitted to the fact of fraud when he first arrived in the case, he withdrew his confession as soon as he entered the detention center, saying that he had only participated in organizing and leading MLM activities and did not know about the fraud of downline staff.

难啃的骨头放最后。 " 这本身就是专案组的出庭策略: "The hard bones are put to the end. " This is in itself the task force's appearance strategy:

To accuse pyramid schemes of telecommunication network fraud, according to its level, starting from the lower-level certificates, clearing the facts layer by layer and fixing the evidence layer by layer. The basis of the factual evidence was solidified, and at the final decisive stage, there were no fears of confessions from the main defendants.

After the first five trials, forty defendants at the lower levels of the group's pyramid schemes have been tried in court. After investigation and debate in the court, all the criminal facts of the criminal group have been clarified, and a large amount of evidence has been fixed, especially The criminal evidence directed at the five main defendants was already in the possession, so the ad hoc group was well-equipped at this court appearance.

During the examination and prosecution stage, because the defendants Li Moumou and Huang Moumou refused to plead guilty, they did not sign the "Confirmation Form of Confession and Punishment". Before the trial, the ad hoc group made another study and decided to make a final effort in order to effectively ensure that all defendants applied the leniency confession and punishment system in accordance with the law and strived for the best trial results.

Prosecutors separately explained the defendants 'Li Moumou and Huang Moumou's interpretations, carefully explained the statutory confession and leniency in the newly revised Criminal Procedure Law, analyzed the defendants' suspected charges and benchmark sentences one by one, and explained the defendants. If you plead guilty to your sentence, you will be given a finer penalty.

Perhaps it was the design of the system of confession and confession, or the defendant did not want to lose the last chance for leniency, or it was the patience of the prosecutors that explained the case. Under the testimony of the Confession, they respectively signed the Confession and Punishment.

Even Li Moumou and Huang Moumou pleaded guilty and pleaded guilty. The next trial should be smoother, and the prosecutors can't help but breathe a sigh of relief.

But something unexpected happened to the prosecutor.

At the beginning of the court's investigation, the defendant Li Moumou seemed to have forgotten the Confession of Plea and Penalty Signed by him, and defended in court that he did not know about the fraud of the downline staff, and did not receive the money from them.

The defendant Huang Moumou also said loudly:

180 多万诈骗来的钱,我没有收到过一分。” "I don't accept it, because of the more than 1.8 million scams, I haven't received any points."

As soon as this remark was made, the court observer suddenly fell into a buzzing voice.

At the beginning of the trial, there were twists and turns.

" 从轻 " 后,得陇望蜀选择逃避法律制裁! This is the accused's fear and fortunate psychology. After determining " concealment " , Delong Wangshu chose to avoid legal sanctions!

Originally, the ad hoc group had anticipated the difficulties encountered in the trial and made adequate preparations. However, the two defendants voluntarily pleaded guilty before the court and pleaded guilty.

The time will always come, and it depends on how the prosecutor responds, and what the next testimony will prove is the past.

宋利军 编辑:王瑾) (Author: Ankang Railway Transport Procuratorate Song Lijun editor: Wang Jin)

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