With the development of the economy, the position and role of the contract as a means of economic exchange in China's economic life have become increasingly important. At the same time, the phenomenon of using contracts to commit fraud is becoming more and more prominent, in various forms, and the means are constantly being renovated, and if you are not careful, you will fall into the trap of fraud. Fraud not only violates the property rights of others, but also disrupts social order. Recently, the people's court of a certain district tried a case in which fictitious facts were used to defraud money by signing a contract for the purpose of illegal possession.
Basic facts of the case
On September 9 and October 26, 2021, defendant Chen signed the "Tourism Development Project Earthwork Subcontract" with the victims Yang, Pan, and Wang respectively in the name of the same false tourism development project in a town, and received deposits of 50,000 yuan, 100,000 yuan, and 150,000 yuan from Yang, Pan, and Wang, respectively, totaling 300,000 yuan. Town ** issued a statement that the town did not have the tourism development project, the project has not started so far, and the defendant Chen has not returned the deposit.
Status of the trial
The trial held that the defendant Chen, for the purpose of illegal possession, defrauded the other party of property in the process of signing and performing the contract, and the amount was huge, and his conduct constituted the crime of contract fraud. After defendant Chen X arrived at the case, he truthfully confessed his crime and voluntarily pleaded guilty and accepted punishment. In accordance with relevant laws and regulations, the defendant Chen was sentenced to three years and six months imprisonment and fined 20,000 yuan for the crime of contract fraudWithin 30 days of the judgment taking effect, the defendant is to refund 50,000 yuan to the victim Yang, 100,000 yuan to Pan's wife (Pan died before the case), and 150,000 yuan to Wang.
Shu millet reminded
In this case, Chen committed fraud by means of "empty gloves and white wolves", harming the interests of the victim. As the saying goes, a gentleman loves money and takes it in a proper way, only the money of legal income can help everyone realize the desire for a better life, and the money obtained through improper and illegal means will damage the interests of the country, society or others, and it is enough to ruin your reputation and harm yourself. At the same time, the victim neglected to take precautions and failed to understand and verify the status of Chen's property and project, resulting in the infringement of his legitimate rights and interests. The development and progress of society have brought a lot of convenience to our lives, and also provided opportunities for lawbreakers and criminals, so please be vigilant in your life, enhance your awareness of anti-fraud and anti-fraud, polish your eyes, and cover your money bags.
Links to legal provisions
Article 224 of the Criminal Law of the People's Republic of ChinaIn any of the following circumstances, in the course of signing or performing a contract, for the purpose of illegal possession, the other party's property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine;where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property
1) Signing a contract with a fictitious unit or in the name of another person;
2) Secured by forged, altered, or invalidated bills or other false property rights certificates;
3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;
4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;
5) Obtaining the property of the other party by other means.
*: Jinan Economic Investigation.