Guangde People's Procuratorate
Indictment
GJXS [2021] No. 149
defendant Xu , male, 1965 ** month ** Date of birth, ID No. 3204811965 ******** ， Chinese Family, University culture, system Jiangsu ** Legal representative of Development Co., Ltd , registered permanent residence in Liyang, Jiangsu Province ** Building ** unit ** Room, Now living in Huai'an, Jiangsu Province ** road ** number ** residential quarters. Suspected of fraud On July 11, 2020 Decision of Guangde Public Security Bureau Criminal detention (not in custody) ， He was released on bail on the same day, and was released on bail again on June 28, 2021 upon the decision of Guangde People's Procuratorate 。
Cause of action Guangde Public Security Bureau The investigation is concluded with the defendant Xu is suspected of fraud , on June 11, 2021 Transfer to this court for prosecution. After accepting the case, the court informed the defendant on June 11, 2021 that he had the right to entrust defenders and the possible legal consequences of pleading guilty and pleading guilty. On June 11, 2021, the victim was informed that he had the right to entrust agents ad litem, interrogated the defendant according to law, listened to the opinions of the defendant, the lawyer on duty and the victim, and reviewed all case materials. The defendant agreed that the case should be tried through summary procedure.
According to the legal review, the defendant Xu cheated the legal representative of Anhui * * Development Co., Ltd. Yang Moumou The trust of the manager Chen Moumou lied that he could help the company win the title of director unit of the China * * Association, and asked the victim to pay a membership fee of 100000 yuan to handle the application procedure on his behalf. When Xu repeatedly urged to pay the membership fee and said that he could advance 70000 yuan, the victim Yang was cheated of 30000 yuan.
After the incident, the defendant Xu returned all the losses to the victim and obtained the victim's understanding.
The evidence for ascertaining the above facts is as follows:
1. Documentary evidence such as case filing decision, certificate, transfer record and receipt;
2. Testimony of Chen and Dong;
3. Statement of the victim Yang Moumou;
4. The defendant's statement and defense.
The above evidence collection procedure is legal and the content is objective and true enough to identify the facts of the allegations. The defendant Xu Moumou has no objection to the facts and evidence of the alleged crime, and voluntarily pleads guilty and accepts punishment.
The Court believes that the defendant Xu Moumou defrauded public and private property in a large amount, which violated Article 266 of the Criminal Law of the People's Republic of China. The facts of the crime are clear, the evidence is authentic and sufficient, and he should be investigated for criminal responsibility for the crime of fraud. The defendant Xu Moumou pleaded guilty and pleaded guilty to punishment, which can be lenient in accordance with the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China; If the defendant can truthfully state all the facts of his crime after arriving at the case, he may be given a lighter punishment according to the third paragraph of Article 67 of the Criminal Law of the People's Republic of China; After the crime, the defendant has returned all the losses of the victim and obtained the victim's understanding, and may be given a lighter punishment as appropriate; The defendant's behavior conforms to the provisions of Article 72 of the Criminal Law of the People's Republic of China, and probation may be applied. It is suggested that the defendant Xu be sentenced to 10 months' imprisonment, suspended for one year, and fined 8000 yuan. In accordance with the provisions 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
Guangde People's Court
Prosecutor child iron
Assistant Prosecutor Ye Mengting
June 28, 2021
