[Case Playback].
He opened a local commissary, but the business was dismal and soon closed, so he planned a de facto fraud in order to seek illegal benefits. It was found that from July 3, 2022 to January 5, 2023, He falsely claimed that he planned to engage in the fruit business, and asked the victims to transfer money in the name of inviting multiple victims to contribute to the partnership, and successively defrauded more than 30 victims, including Huang and An, of an amount of up to 30,000 yuan. During this period, a number of victims were unable to recover property from He, so they called the police to deal with it, and He was later arrested and brought to justice. After trial, the court found that He's behavior constituted the crime of fraud, and the court sentenced He to seven years in prison in accordance with the law and recovered his illegal and criminal gains.
[Lawyer on Law].
According to article 266 of the Criminal Law, "Whoever defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, 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. Where this Law provides otherwise, follow those provisions. ”
In this case, He falsely claimed that he planned to start a fruit business in the local area, contacted several victims on the pretext of looking for a partner, and lured the victims into contributing capital by inviting the victims to operate in partnership. After investigation, He X defrauded a number of victims of property totaling 30,000 yuan in this way, so his conduct was for the purpose of illegal possession, fabricating business facts, concealing the truth, and defrauding others of a huge amount of property, constituting the crime of fraud. Moreover, He committed fraud many times, and the court gave him a heavier punishment as appropriate and made the above judgment.
[Lawyer reminds].
There are endless cases of fraud in the name of investment partnerships, so you must confirm the identity of the other party before investing, and do not invest blindly, so as not to fall into the trap of fraud!