Anhui Provincial People's Procuratorate

Criminal appeal review decision

Wan Procuratorate for retrial [ two thousand and eighteen 〕 three number      

The complainant is Mr. Li, one thousand nine hundred and sixty-four year ** month ** Born on , ID card No. 3402041964******** , Han nationality , Wuhu ** Legal representative of Equipment Co., Ltd., junior college culture, living in Jinghu District, Wuhu City, Anhui Province ** garden ** Building ** unit ** Room. He is the original victim.

The respondent Chen Moumou, male, one thousand nine hundred and sixty-eight year ** month ** Date of birth, ID card number 3402231968******** , native of Wuwei County, Anhui Province, Han nationality, primary school culture, Wuhu ** Legal representative of Auto Service Co., Ltd., residing in Yijiang District, Wuhu City ** village ** Room. It is the person who was not prosecuted in the original case.

The complainant, Li Moumou, refused to accept the mirror inspection punishment of the People's Procuratorate of Jinghu District, Wuhu City due to Chen Moumou's suspected fraud（ two thousand and fifteen ） 06 No. decision on non prosecution and Wuhu People's Procuratorate's application for retrial [ two thousand and fifteen 〕 seven No. criminal appeal review decision, and lodge a complaint to the Court.

The hospital rechecked and found that:

The complainant is Mr. Li two thousand and nine Acquired the original Wuhu Transformer Factory in twenty About mu of land for industrial allocation, two thousand and twelve In, the plot was included in the scope of demolition. Chen Moumou, the person who was not prosecuted, repeatedly said that he could find the leadership of the Department of Land and Resources of Anhui Province to change the nature of the land, that is, to change the nature of the industrial allocation land into the nature of commercial land. Li Moumou hoped that Chen Moumou would help with this matter to obtain more compensation for land demolition. Chen promised to help and asked Li to provide one hundred and fifty RMB ten thousand yuan of operating expenses. Then Chen made up the truth and cheated Li one hundred and fifty RMB 10000 was appropriated as his own property. Li urged the land change many times, but Chen refused to return it for various reasons one hundred and fifty Ten thousand yuan. In addition, over the years, Chen and Li have had a number of private loans and formed debt disputes.

Our court reexamined that Chen fabricated facts to cheat Li one hundred and fifty The fact of RMB 10000 exists, but because of the debt dispute between Chen and Li for many years, the facts are still unclear after being reviewed by the People's Procuratorate of Jinghu District, Wuhu City and returned to the public security organ for supplementary investigation twice. The evidence on the case cannot prove that Chen has the intention of illegal possession subjectively, and the complainant cannot provide new evidence to prove it. The evidence of Chen Moumou's subjective intention of illegal possession is insufficient, which does not meet the conditions for prosecution. The People's Procuratorate of Jinghu District, Wuhu City made a correct decision not to prosecute the suspect Chen Moumou.

The Court has decided to maintain that the People's Procuratorate of Jinghu District, Wuhu City will not prosecute（ two thousand and fifteen ） 06 No prosecution decision in the No prosecution Decision.

two thousand and eighteen year two month twenty-eight day