Hefei Baohe District People's Procuratorate
Non prosecution decision
Bao Jian Public Prosecution Penalty (2019) No. 17
The respondent Wang Moujia, female, born on * * *, 1982, with resident ID card number of 3403211982 *****************, Han nationality, junior high school education, and registered permanent residence at * * Village * *, Huaiyuan County, Bengbu City, Anhui Province. On August 10, 2018, he was released on bail by Baohe Branch of Hefei Public Security Bureau on suspicion of fraud.
The case was investigated and concluded by Baohe Branch of Hefei Public Security Bureau, and Wang Moujia, who was not prosecuted, was suspected of fraud, and was transferred to our court for review and prosecution on November 8, 2018. During the period, the case shall be returned to the investigation organ for supplementary investigation twice, and the time limit for examination and prosecution shall be extended.
Baohe Branch of Hefei Public Security Bureau transferred the case for examination and prosecution and found that:
Anhui * * Co., Ltd. (located in Bengbu, Anhui, hereinafter referred to as * * Company), operated by the suspect, is the first level agent of the fund party * * car loan business represented by the victim, Shanghai * * Company. In April 2018, the suspect Mr. Nian and Mr. Tang, a former employee of * * Company, found a loophole in the loan process. The two conspired to find a secondary agency company to cooperate, and used the loophole in the loan process to use the false owner's identity information to handle the false car loan business to defraud the funds lent by the fund provider. In April 2018, the criminal suspect Tang Moumou found the criminal suspect Wang Mouyi through the criminal suspect Peng Moumou, and the three conspired and discussed the division of labor and the proportion of spoils. The suspect Wang Mouyi used the business license of Anhui * * Automobile Service Co., Ltd., which was registered in the earlier stage, to handle the business agency of * * through Peng Mouyi, and then began to commit fraud.
The suspect Wang Mouyi and others teamed up to commit fraud in the * * Plaza * * Room (Anhui * * Auto Service Co., Ltd., later renamed Anhui * * Auto Service Co., Ltd.) in Baohe District, Hefei City, Anhui Province. Through the suspects Xu Moujia (at large), Jin Moumou, Li Moumou and others, they found the suspects Zong Moumou, Wang Moumou C, Hu Moumou Jia and others who needed money urgently as fake car owners, Explain to the criminal suspect Zong and others that they use their identity to handle false loans, and promise to give benefit fees when they are successful. The suspect Zong and others provided copies of their ID cards, bank cards, mobile phone cards and other necessary items for handling loans. The suspect Wang Mouyi provides vehicles as props. The criminal suspect Peng Moumou makes false loan contract and other procedures, and the criminal suspect Wang Mouyi arranges the criminal suspect Peng Moumou and others to take a group photo of the fake owner and the prop vehicle. Under the arrangement of suspect Wang, suspect Li made false vehicle information registration book and false vehicle keys. After the false loan materials, false vehicle information registration book, false vehicle keys, group photos of people and vehicles and other loan necessities were reported by the suspect Peng Moumou to * * the company's suspect Nian Moumou through the suspect Tang Moumou, who arranged the company's employees to report the false loan to the fund party through the computer system according to the normal procedures * *, false vehicle information registration book The fake car keys and other necessary items for the loan shall be sent to the financing party * * as required. The fake car owner's bank card and mobile phone card were left at the suspect Wang Mouyi's place to prepare for the subsequent distribution of stolen goods.
In order to prevent fraud, the fund party * * sets up an electronic account in Huishang Bank for all customers who apply for car loans, and the loan funds are transferred into the customer's electronic account. The customer must use the verification code received by his mobile phone to log in to the system for operation and transfer the funds into his bank card before use.
After the false car loan procedure declared by the suspect, the loan fund will be transferred to the electronic account of the false owner through the fund party * *'s electronic account in Huishang Bank. The suspect Wang Mouyi and others controlled the mobile phone card of the false owner and the bank card used for withdrawing money. The suspect Mr. Nian asked Mr. Peng, Mr. Wang and others for the verification code accepted by the fake owner's mobile phone through Mr. Tang and handed it to his wife Mr. Wang, who arranged for him to input and log into the fake owner's electronic account to manipulate the loan funds. Later, the suspect Nian arranged his wife, the suspect Wang Moujia, to use the "* *" withholding software. No matter how much money was lent, 50000 yuan should be deducted from each false loan in the name of service charges, which is called "on the spot". After the "spot transfer" of 50000 yuan, the criminal suspect Tang arranged the criminal suspect Peng to withdraw the share of the remaining stolen money from the false customer's account in the proportion negotiated in advance by taking cash. The suspects Wang Mouyi and Wang Mouding arranged the company's employees Liu Moujia (at large), Li Mouyi, Wu Moumou, Liu Mouyi and others to go to the ATMs and manual counters of various banks to take out the remaining dirty cash in the account with the bank cards of fake owners. The criminal suspect Peng accompanied the above criminal suspect to withdraw money. After receiving the cash, he brought back some of it to Tang as required by Tang, and then transferred it to the criminal suspect Nian. The suspects, Tang and Peng, are paid according to the prior agreement. The remaining stolen money in the fake customer's bank card is obtained by Wang and others. The suspect Wang Mouyi will distribute the reward to the suspects Liu Moujia (at large), Li Mouyi, Wu Moumou, Liu Mouyi, Jin Moumou, Li Moumou and others involved in the crime level by level, and the suspect Zong Moumou and other fake car owners will also receive their own rewards.
It has been verified that the criminal gang has found a fake car owner and successfully defrauded the fund party * * for 16 times by using the above method, with 16 loans in total, totaling 2.85 million yuan. Among them, the suspects Peng and Wang conspired to defraud 14 loan funds through the channels of the suspect Wang * *, totaling 2.46 million yuan. The suspect Dong Moumou and the suspect Peng Moumou conspired to defraud 2 loan funds in the same way as above through the channels of the suspect Wang Mouyi * * Company in private, totaling 390000 yuan.
The suspects Nian XX, Tang XX, Wang XX B and Peng XX are the main criminals of the criminal gang, who plan and organize the implementation of all criminal acts; The criminal suspects Wang Mouding, Liu Mouyi, Li Mouyi and Wu Moumou are the core members of the criminal gang. They carry out management business, handle false vehicle information books, make false vehicle keys, go to the vehicle management office to handle vehicle mortgage, release the mortgage business, take out the stolen money from the bank with the bank card of the false owner, and make illegal profits from it. The suspects Dong, Jin and Li have repeatedly introduced fake car owners to participate in fraud crimes and make profits from them. The criminal suspect Zong XX provided his identity to participate in the crime and make profits from it, knowing it was false.
At present, the specific verification is as follows:
1. The suspects Nian XX, Wang XX and others found the false owner of the car through the suspects Jin XX and Li XX. The suspects Zong XX and others used the above method with the suspects Liu XX, Li XX and others to defraud the fund party * * of a loan of 200000 yuan by using the prop vehicle Wan ****** BMW (frame number LBV5S3100 *********), And deduct or take out the stolen money through the bank card 62170028300 **********. The submitted vehicle information registration book is false and forged.
2. The suspects Nian XX, Wang XX B and others found the false owner of the car through the suspect Xu XX A, and the suspect Wang XX C (reported the case, made an inquiry record, and later found that he was suspected of committing a crime, and now he is running away). They used the above method with the suspects Liu XX B, Li XX B and others to use the prop vehicle Wan ******** BMW (frame number LBV5S3109 *************), The fraud financier * * has a loan of 200000 yuan and deducted or withdrawn the stolen money from the bank card 62178563000. The submitted vehicle information registration book is false and forged.
3. The suspects Nian XX, Wang XX and others found the fake owner Hu XX through the suspect Xu XX (report the case and make an inquiry record), and used the above method with the suspects Liu XX, Li XX, Wu XX and others to defraud the financing party * * of a loan of 200000 yuan by using the prop vehicle Wan ******* Porsche (frame number WP0AA2974 *************), And deduct or take out the stolen money through the bank card 62178563000 ************. The submitted vehicle information registration book is false and forged. Hu Moujia said that he did not receive the promised benefit fee in advance and reported the case because he was worried about his huge debt.
4. The suspects, Mr. Nian, Mr. Wang, and others found the false owner, Mr. Wang Ding (at large), through the suspects, Mr. Jin and Mr. Li, and used the above methods with the suspects, Mr. Liu, Mr. Li, and Mr. Wu, to defraud the financing party of a loan of RMB 150000 by using the prop vehicle Wan ********** Mercedes Benz (frame number WDCDA6CBX *****************), And deduct or take out the stolen money through the bank card 62178576000 ************. The submitted vehicle information registration book is false and forged.
5. The suspects Nian XX, Wang XX and others found the false owner suspect Xu XX (at large) through the suspects Jin XX and Li XX, and used the above method with the suspects Liu XX, Li XX, Wu XX and others to defraud the fund party * * of 150000 yuan in the loan fund with the prop vehicle Wan ********* BMW (frame number LBV5S3106 ***************), And deduct or take out the stolen money through the bank card 62155818070 *************. The submitted vehicle information registration book is false and forged.
6. The suspects Nian XX, Wang XX and others found the false owner suspect Yue XX (at large) through the suspect Jin XX, and used the above method with the suspects Liu XX, Li XX, Wu XX and others to defraud the fund party * * of 150000 yuan in the loan fund with the prop vehicle Wan ******* Audi (frame number LFV3A28K7E3028503), And deduct or withdraw the stolen money from the bank card 62366816600 ********. The submitted vehicle information registration book is false and forged.
7. The suspects Nian XX, Peng XX and others found the suspect Hu XX (at large) who was the false owner through the suspect Dong XX, and used the above method to use the prop vehicle Wan ***** Land Rover (frame number L2CVA2BG1 **********) to defraud the fund party * * of a loan of 200000 yuan, and deduct or take out the stolen money through the bank card 62226202500 ********. The submitted vehicle information registration book is false and forged.
8. The suspects Nian XX, Peng XX and others found the false owner of the car through the suspect Dong XX, and the suspect Guan Dazhu (at large) used the above method to use the prop vehicle Wan ****** BMW (frame number LBV5S310X **********) to defraud the fund party * * of a loan of RMB 190000, and deduct or take out the stolen money through the bank card 62226202500 ********. The submitted vehicle information registration book is false and forged.
In addition, the suspects Nian XX, Peng XX and others found 8 fake car owners Liu XX A (on the run), Wang XX (on the run), Chen XX (on the run) and so on through the suspects Wang XX B and others. Using the above methods, they defrauded the fund provider * * with 8 loans of different props and vehicles, and obtained a total of 1.36 million yuan from fraud. The victim provided the original false vehicle registration information book, loan application materials and other physical evidence.
After our examination and return for supplementary investigation, we still believe that the facts of the crime identified by Baohe Branch of Hefei Public Security Bureau are unclear and the evidence is insufficient. The conditions for prosecution are not met. In accordance with Paragraph 4 of Article 175 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Wang.
If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.
If the victim refuses to accept this decision, he or she may appeal to Hefei People's Procuratorate for public prosecution within seven days after receiving this decision; It may also file a private prosecution directly to the People's Court of Baohe District, Hefei City without appealing.
April 8, 2019
