People's Procuratorate of Yu'an District, Lu'an City, Anhui Province

Indictment

YJ-EBXJ [2019] No. 33

Defendant Gao Moujia, male, born on * * *, 1980, ID card number: 3505241980 ************, Han nationality, junior high school culture, living in No, The branch will execute the arrest on the same day.

The defendant Ke Moumou, male, born on * * *, 1995, ID card number: 3505831995 *************, Han nationality, junior high school culture, living in No. * *, * * Village, * * Town, Nan'an City, Fujian Province, was detained by Yu'an Branch of Lu'an Public Security Bureau on September 2, 2018 on suspicion of fraud. On September 30, 2018, the court approved the arrest on suspicion of covering up and concealing the crime, The branch will execute the arrest on the same day.

Defendant Lin Moujia, male, born on * * *, 1995, ID card number: 3505241995 ****************, Han nationality, junior high school culture, living in No, The branch will execute the arrest on the same day.

Defendant Lin Mouyi, male, born on * * *, 1974, ID card number: 3590021974 *************, Han nationality, junior high school culture, residing at * *, * * Town, Shishi City, Fujian Province. The defendant Lin Mouyi was granted a guarantor pending trial by the Yu'an Branch of Lu'an Public Security Bureau on December 26, 2018 due to his crime of concealing the crime place, and the court decided to grant a guarantor pending trial on March 7, 2019.

_The defendant, Chi Moumou, female, born on December 26, 1989, ID card number: 3401241989 **********, Han nationality, technical secondary school culture, residing at No. * * Village, * * Township, Minqing County, Fujian Province. On November 15, 2018, the defendant Chi Moumou was detained by the Yu'an Branch of Lu'an Public Security Bureau on suspicion of fraud. On December 24, 2018, the court approved the arrest to cover up the crime of concealing the crime, and the branch executed the arrest on the same day. On March 5, 2019, he was changed to be on bail pending trial by the Court.

Defendant Gao Mouyi, male, born on * * *, 1980, ID card number: 3505241980 ***********, Han nationality, junior high school culture, living in * * Community, * * Road * *, Meilan District, Haikou, Hainan Province. The defendant Gao Mouyi was criminally detained by the Yu'an Branch of Lu'an Public Security Bureau on November 15, 2018 for suspected fraud, changed to be on bail on December 14, 2018, and decided to be on bail on March 4, 2019.

This case was investigated and concluded by the Yu'an Branch of Lu'an Public Security Bureau. The defendants Gao Moujia, Ke Moumou and Lin Moujia were suspected of covering up and concealing the crime place, and the defendants Lin Mouyi, Chi Moumou and Gao Mouyi were suspected of covering up and concealing the crime place. They were transferred to our court for review and prosecution on November 30, 2018 and January 31, 2019, respectively. After accepting the case, the Court informed the defendant on November 30, 2018 and February 1, 2019 that he had the right to entrust defenders, interrogated the defendant according to law, and reviewed all case materials. During the period, the Court returned the case to the investigation authority for supplementary investigation on December 28, 2018, and the investigation authority decided to extend the time limit for examination of the case to March 15 on February 23, 2019, with a new report on January 28, 2019.

After legal review, it is found that:

At the end of July 2018, Zhou Moumou, a resident of Xushun Qinyuanchun Community, Yu'an District, met Lin Moumou C, a netizen. In the WeChat chat, Lin Moumou C said that he bought lottery tickets on a gambling platform. Because the port of the platform in Hong Kong was closed, he could not bet, so Zhou Moumou was asked to help him bet on the mainland. Later, Zhou Moumou used Lin Mou C's account to bet and make profits, Lin C then asked Zhou to register his own account to invest and make money. Zhou successively recharged 400000 yuan to the platform from August 6 to August 8, 2018 after registration (the platform recharge account was the account of Minjiang Sub branch of Harbin Bank of Zeng, account number: 62175245113 **********). On August 9, Zhou found that the platform deposit could not be withdrawn. After consulting with customer service, The platform customer service asked Zhou to continue recharging 600000 yuan to reverse the withdrawal on the grounds of his illegal operation. Zhou could not withdraw after recharging 600000 yuan, and the platform was closed.

The 1 million yuan defrauded was transferred from Zeng's account to Chen's account, of which 370000 yuan was transferred to Xu Xusheng's bank card (another case). On August 10, 2018, the defendant Lin Mouyi called the defendant Chi Mouyi from the Philippines, saying that there was a 630000 yuan gambling fund to be withdrawn. Hou Chi Mouyi contacted the defendant Gao Moujia to receive the fund, and Gao Moujia immediately provided an account with the name of Gao Mingliang to Chi Mouyi. When Tianchi XX put 630000 yuan into Gao Mingliang's card through the online service in the Philippines, Gao XX A found the defendant Ke XX, who divided the 630000 yuan into 22 bank cards. Ke found the defendant Lin XX A, who drove to Fuzhou, Quanzhou and Xiamen to take out all the stolen money from the ATM. Later Gao Moujia lied to Chi Moumou that the stolen money had been hacked, and Chi Moumou immediately told the defendant Gao Mouyi to ask for help to recover the money. Later, under pressure, Gao XX A handed over the money to Gao XX B, who handed over 600000 yuan to Lin XX B and the Philippines online.

On August 30, 2018, Lin Moujia was captured by Jinshan Police Station of Xiamen Public Security Bureau in Huli District, Xiamen, and Gao Moujia and Ke Moumou were captured by the public security department of * * Road, Xiamen. On November 14, Gao and Chi flew from the Philippines to Xiamen Airport and surrendered to the waiting investigators. On the evening of December 22, Lin Mouyi was captured in Shishi City, Fujian Province. After the incident, Gao and Lin returned 630000 yuan and 370000 yuan to the public security organ respectively.

The evidence for ascertaining the above facts is as follows:

1. Documentary evidence such as bank statement and chat record;

2. The testimony of the witness Zhou;

3. The confession and defense of the defendants Gao XX A, Ke XX, Lin XX A, Lin XX B, Chi XX, Gao XX B;

4. Search record;

5. Audio visual materials: one monitoring CD.

The Court believes that the defendants Gao Moujia, Ke Moumou, Lin Moujia, Lin Mouyi, Chi Moumou and Gao Mouyi, knowing that the proceeds of crime are still transferred, the circumstances are serious, and their acts have violated the provisions of Article 312 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, and the defendants should be investigated for criminal responsibility by covering up or concealing the crime, In accordance with the provisions of the first paragraph of Article 176 of the Criminal Procedure Law of the People's Republic of China, if you initiate a public prosecution, please be sentenced according to law.

Sincerely

People's Court of Yu'an District, Lu'an City, Anhui Province

Inspector: Xu Hui

March 15, 2019

Attachment:

1. Defendants Gao Moujia, Ke Moumou and Lin Moujia are currently detained in the Lu'an Detention Center. Defendants Lin Mouyi, Chi Moumou and Gao Mouyi have obtained a guarantor pending trial. Contact numbers: 1385000 * * * *, 1598009 * * * *;

2. Submit the six volumes and three CDs of the investigation volume with the original document.