The case and judgment of Ren Tuanjie, a criminal in jieshou city, Anhui Province.

Higher People's Court of Anhui Province

criminal judgement

(20 14) the promise of Zhong Xing. 0005 1

The original public prosecution organ was the People's Procuratorate of Hefei City, Anhui Province.

Appellant (defendant in the original trial) Ren Tuanjie, male, 1982, native of Wuwei County, Anhui Province, Han nationality, junior high school education, farmer, residing at No.007, Hong Guang Natural Village, Shenbin Administrative Village, Yanqiao Town, Wuwei County, and living on the 5th floor of the dormitory of Chaohu City Management Committee. On suspicion of contract fraud, he was criminally detained on 2065438+200310.6. He was arrested on February 4 of the same year and executed on the same day. Now detained in Chaohu detention center.

Defender Huang Yanfu, lawyer of Anhui Dafu Law Firm.

The Intermediate People's Court of Hefei City, Anhui Province tried the case that the People's Procuratorate of Hefei City accused the defendant of contract fraud in the original trial, and made a criminal judgment (20 1312 February13) No.00 109. The defendant in the original trial, Ren Unity, refused to accept the appeal. Our college has formed a collegial panel according to law. After reading the papers, interrogating the appellant and listening to the opinions of the defenders, we believe that the facts of this case are clear and decided not to hold a trial. The case has now been closed.

The court of first instance found that from March 20 1 1 year to March 201February, the defendant Ren Tuanjie signed several forklift lease contracts or agreements with local farmers in Sanbing Town and Yinping Town, Chaohu City, Anhui Province, and after paying part of the rent to obtain the forklift, he sold it to defraud 65,438+.

The court of first instance determined the above facts according to the appraisal conclusion, documentary evidence such as the lease contract, the statement of the victim Liu et al., the testimony of the witness Ai et al. and the confession of the defendant Ren Unity.

The court of first instance held that the defendant Ren Tuanjie defrauded others of a forklift by signing a lease agreement or a lease contract for the purpose of illegal possession, and sold the forklift after paying part of the rent. The actual value of the property defrauded is 1 103570 yuan, which constitutes the crime of contract fraud, and the amount is particularly huge. Although the defendant Ren Tuanjie was able to truthfully confess the crime after he was brought to justice, the circumstances of his confession were not considered as a lighter punishment because the forklift involved had not been recovered. According to the criminal facts and social harmfulness of the defendant Ren Unity, the defendant Ren Unity was found guilty of contract fraud in accordance with the provisions of Article 224 (3), (4) and Article 64 of the Criminal Law of People's Republic of China (PRC), sentenced to 12 years' imprisonment and fined RMB 100,000. Recover the criminal proceeds of the defendant's unit.

Ren Tuanjie appealed: 1, and the original judgment found that the forklift involved was too expensive; 2. The original sentence is too heavy.

Defender put forward: 1, and the appraisal conclusion concluded that the value of the forklift was unfounded, unreasonable and unscientific, and the original judgment determined that the amount of Ren Unity's crime was wrong accordingly; 2. Ren Tuanjie has a good attitude of pleading guilty and is generally subjective and malignant. The original sentence is too heavy. It is suggested that the court of second instance sentence Ren Tuanjie to fixed-term imprisonment of not more than ten years.

It was found through trial that from March 20 1 1 year to March 201February 1 1 day, the Appellant Ren Tuanjie signed a forklift lease contract with Liu et al. 15 people in the town and town of Chaohu City, and paid part of the rent and deposit. Among them, the value of 18 sets 1796070 yuan, after deducting the rent and deposit of 642,500 yuan paid by Ren Unity and the share of 50,000 yuan with the forklift truck of the victim Liu Moujia * *, Ren Unity actually defrauded others of the property value of 1 1035700 yuan. The specific facts are as follows:

1.201/kloc-0 On March 8 and May 29, 2008, Ren Tuanjie rented two 3-ton forklifts and sold them after paying the rent and deposit in 8.5 yuan. After evaluation, the value of two forklifts is 65,438 yuan+450,000 yuan.

The above facts are confirmed by the following evidence:

1. No.43 price appraisal conclusion of Chaohu Price Certification Monitoring Center proves that the value of the above two forklifts is * * *145,000 yuan.

2. Two copies of the lease agreement, which proves that Ren Tuanjie rented a forklift from Liu.

3. Victim Liu stated: On March 8 and May 29, 201/year, Ren Tuanjie rented two 3-ton forklifts from Liugong at a monthly rent of 3,500 yuan, and Ren Tuanjie actually paid 85,000 yuan including the down payment in cash. Ren Tuanjie has not paid the rent since May 20 12, and has been urging him to pay it. Ren began to say that he was short of funds, and he couldn't contact him after mid-June. 12.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

2.20 1 1 On April 5, 2008, Ren Tuanjie rented 1 forklift from Xia Moumou and sold it after paying the rent of 4 1 1,000 yuan. After identification, the forklift was worth 64,800 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the forklift truck is worth 64,800 yuan.

2. The lease agreement and motor vehicle sales invoice prove that Ren Tuanjie rented a forklift from Xia Moumou.

3. The victim Xia Moumou stated: On April 5th, 20 1 1, he rented Liugong 1 forklift from Ren Tuanjie, with a monthly rent of 3,500 yuan, and Ren Tuanjie actually paid the rent of * * * 4 1 10,000 yuan in cash and remittance. Since July 20 12, Ren Tuanjie has been refusing to pay the rent, and his urging has been delayed again and again. After that, I can't contact him.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Three. 20 111kloc-0/0 On October 5th, Ren Tuanjie rented1Liugong 50C forklift from Liu Mouyi, and sold it after paying the rent and * * * rent of 68,000 yuan. After appraisal, the forklift truck is worth 1.45 million yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the forklift truck is worth145,000 yuan.

2. The lease agreement and motor vehicle sales invoice prove that Ren Tuanjie rented a forklift from Liu Mouyi.

3. Victim Liu Mouyi stated: On October 5th, 20 1 165438/kloc-0, he leased the 1 Liugong 50C forklift to Ren Tuanjie at a monthly rent of 7,000 yuan, and Ren Tuanjie actually paid the deposit and rent of * * * 68,000 yuan in cash or by transfer. After 20 12 12, Ren Tuanjie failed to pay the rent and could not be contacted.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Four. On February 10, April 1 day and May 12, Ren Tuanjie rented 1 Liugong EL30E forklift and two forklifts from Liu respectively, and sold them after paying the rent of 99,000 yuan. Upon evaluation, the value of each forklift of Liugong EL30E is 76,665,438+0,000 yuan, and that of Liu Che 50C forklift is 65,000 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center proves that the above-mentioned Liugong EL30E forklift truck is worth 766 1 10,000 yuan each, and the Liu Che 50C forklift truck is worth 65,000 yuan each.

2. The lease agreement and motor vehicle sales invoice prove that Ren Tuanjie rented a forklift from Liu.

3. The victim Liu Mobing stated that on February 10, April 1 day and May 12, he rented the 1 Liugong EL30E forklift and two Liugong forklifts to Ren Tuanjie, and the rents were 3,000 yuan and 7,000 yuan respectively. To 20 12, 1 1, Ren Tuanjie actually paid * * * the rent of 99,000 yuan in cash or by transfer. Later, the rent was urged, and Ren Tuanjie kept delaying the payment, and then I couldn't contact him.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

On V20 1 February 12, Ren Tuanjie rented1forklift from Liu Mouding and sold it after paying the rent of 54,000 yuan. After identification, the above forklift truck is worth 66,000 yuan.

The above facts are confirmed by the following evidence:

1. No.43 price appraisal conclusion of Chaohu Price Certification Monitoring Center proves that the above-mentioned Liugong E30 forklift truck is worth 66,000 yuan.

2. The lease agreement and motor vehicle sales invoice prove that Ren Tuanjie rented a forklift from Liu Mouding.

3. Victim Liu stated: On February 65, 1965, 438+0 rented a 3-ton forklift truck of 65,438+0 to Ren Tuanjie at a monthly rent of 3,000 yuan. Ren Tuanjie actually paid * * * the rent of 54,000 yuan in cash, which was not paid after 20 12 1 1 month. He kept urging, letting Unity drag on, and then he couldn't get in touch.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Intransitive verbs March 2, 2065 438 1 day, April 28, 2065438, and August 6, 2065438, Ren Tuanjie rented 1 Taishan Gong 50F forklift, 1 Longgong 855 forklift (Ren Tuanjie, Liu Minsheng * * *) and/kloc-successively. Upon evaluation, the value of Gong Shan 50F forklift is 70,000 yuan, Longgong 855 forklift is 65,438+10,000 yuan, and Liugong 50C forklift is 80,000 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the above-mentioned Gong Shan 50F forklift is worth 70,000 yuan, Longgong 855 forklift is worth 654.38+10,000 yuan, and Liugong 50C forklift is worth 80,000 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Liu Moujia.

3. Victim Liu Moujia stated that he delivered 1 Taishan Gong 50F forklift, 1 Long Gong 855 forklift and 1 Liu Gong 50C (on March 20th, 20th, 20th, April 28th, August 6th, 20th, respectively). June 20 12, Ren Tuanjie didn't pay the rent and kept urging him. Ren Tuanjie began to say that he was short of money, but he couldn't get in touch by the middle of February 20 12. Among them, Longgong 855 forklift was purchased with Ren Tuanjie.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Seven. 2065438+On April 9, 2002, Ren Tuanjie rented a 1 5-ton forklift from Liu, and sold it after paying the rent of 35,000 yuan. After appraisal, the forklift is worth 80,000 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the forklift truck is worth 80,000 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Liu.

3. Victim Liu stated that on April 9, 20 12, he rented a 5-ton forklift from Liugong to Ren Tuanjie at a monthly rent of 7,000 yuan, and Ren Tuanjie actually paid the rent of 35,000 yuan from April 20 13 to June 20 13. Since then, I have been urging for rent, and I have been dragging my feet. Later, I can't contact you.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

VIII. 2065438+June 2002 1 day, Ren Tuanjie rented 1 Tailonggong 855 forklift from Wang, and sold it after paying the rent of 38,000 yuan. After appraisal, the forklift truck is worth 26 1 1,000 yuan.

The above facts are confirmed by the following evidence:

1. No.43 price appraisal conclusion of Chaohu Price Certification Monitoring Center proves that the forklift truck is worth 26 1 0,000 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Wang.

3. Victim Wang stated: On June, 2065438 1 day, he rented the 1 Liugong loader of Longgong 855B to Ren Tuanjie at a monthly rent of 7,000 yuan. As of 20 12, 1 1, Ren Tuanjie actually paid the rent of 35,000 yuan. Since then, I have been urging, and I have been dragging my feet. Later, I can't contact you.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Nine. 20 12 On August 27th, Ren Tuanjie rented 1 Longgong 855 forklift from Huang, and sold it after paying the rent of 2 1 1,000 yuan.

The above facts are confirmed by the following evidence:

1. The lease contract proves that Ren Tuanjie rented a forklift from Huang Moumou.

2. The victim, Huang Moumou, stated that on August 27th, 20 12, he rented the forklift 1 longgong 855 to Ren Tuanjie at a monthly rent of 7,000 yuan. Ren Tuanjie only paid the rent of 2 1000 yuan for three months, and then kept urging him, but Ren Tuanjie delayed again and again, and then he couldn't get in touch.

3. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

On September 20 12, ren tuanjie rented 1 tailonggong 855 forklift from Zheng, and sold it after paying the rent 13000 yuan.

The above facts are confirmed by the following evidence:

1. The lease contract proves that Ren Tuanjie rented a forklift from Zheng Moumou.

2. The victim Zheng Moumou stated: 12 On September 20th, 12 rented 1 Longgong 855 forklift to Ren Tuanjie at a monthly rent of 6,500 yuan, and Ren Tuanjie paid two months' rent.

3. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

Xi. 20 12 10 17. Ren Tuanjie rented two 5-ton forklifts of Longgong 855 from Zhang Moumou, and sold one of them 1 set after paying the rent of 22,500 yuan. After appraisal, the forklift is worth 60,000 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the forklift sold by Unity is worth 60,000 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Zhang Moumou.

3. Zhang Moumou, the victim, stated that he rented two 5-ton forklifts of Long Gong 855 from Ren Unity at a monthly rent of 7,500 yuan in 2065438+20021October 171day, and Ren Unity actually paid the rent for the two forklifts. 20 12 12 in mid-February, he found his own forklift at the gas station in front of Yin Ping Middle School. Later, I couldn't contact Unity.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

On June, 2065 438+02 10 6 1 1, Ren Tuanjie rented a Liugong 40B forklift from Wang Moumou and sold it after paying the rent of 7000 yuan. After appraisal, the forklift is worth 70,000 yuan.

The above facts are confirmed by the following evidence:

1. No.43 price appraisal conclusion of Chaohu Price Certification Monitoring Center proves that the forklift truck is worth 70,000 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Wang Moumou.

3. The victim, Wang Moumou, stated: 20 12, 1 1, and he rented a 1 forklift from Liugong to come to any United, with a monthly rent of 3,500 yuan. Ren Tuanjie paid the rent for two months, but his mobile phone was turned off and he could not be contacted.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

13th, 20 1 2 11October1day, Ren Tuanjie rented15-ton forklift from Zhou, and sold it after paying the rent of 7,000 yuan. After appraisal, the forklift truck is worth 6,543,800 yuan+0,728,600 yuan.

The above facts are confirmed by the following evidence:

1. The price appraisal conclusion No.43 of Chaohu Price Certification Monitoring Center (20 13) proves that the forklift is worth 172860 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Zhou Moumou.

3. The victim Zhou Moumou stated: 20 12, 1 1, and he rented 1 a finished 5-ton forklift truck to Ren Tuanjie at a monthly rent of 7,000 yuan. Ren Tuanjie paid a month's rent and didn't pay it again. At the time of urging, Unity kept delaying the payment, and then I couldn't get in touch.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

14, 2065438+02 1 0 June1Ren Tuanjie rented1Chang Lin 30E forklift from Liu Moujia, and sold it after paying the rent of RMB 4,000.

The above facts are confirmed by the following evidence:

1. The lease contract proves that Ren Tuanjie rented a forklift from Liu Moujia.

2. Victim Liu Moujia's statement: 20 1 2 110/month/day, from Changlin to Ren Tuanjie, the monthly rent is 2,000 yuan. Because there was something wrong with his forklift, Ren Tuanjie actually paid 3600 yuan as two months' rent, but later he couldn't contact Ren Tuanjie.

3. Liu Mouyi's testimony: He and Liu Moujia are cousins, bought a forklift and rented it to Ren Tuanjie. When signing the lease contract, Liu Moujia was not in Chaohu, so he signed it.

4. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

20 12 September 15 15 10 year 10/0, Ren Tuanjie leased 1 Liugong 30E forklift and 10. After appraisal, the value of Liugong 30E forklift is 50,000 yuan, and that of Liugong 50C forklift is 224,800 yuan.

The above facts are confirmed by the following evidence:

1. No.43 price appraisal conclusion of Chaohu Price Certification Monitoring Center proves that the above-mentioned Liugong 30E forklift truck is worth 50,000 yuan and Liugong 50C forklift truck is worth 224,800 yuan.

2. The lease contract proves that Ren Tuanjie rented a forklift from Chen.

3. The victim Chen Moumou stated that he rented three forklifts from Ren Tuanjie,1August 201,1August 20 19. Of the three forklifts, two are Liugong 50C and the other is Liugong 30E. Ren Tuanjie * * * paid the rent of 6,543,800 yuan+0.3 million yuan. After the rent was stopped, he repeatedly urged him, but he could not contact any unity.

4. Witness Ai's testimony: He and Chen are husband and wife. I rented the forklift to Ren Tuanjie, who signed the contract in the first year and Chen Moumou in the second year.

5. Ren Tuanjie confessed to this fact, which was confirmed by the above evidence, and confessed to the fact of selling forklift trucks.

The comprehensive evidences for ascertaining the facts of this case are:

1. The transportation records of flatbed trucks prove that from August 20 12 to February 20 12, Ren Tuanjie rented a flatbed truck of a certain party for several times to haul forklifts.

2. The identification transcript proves that Hao Moumou, Ren Mou, Pan Moumou, Li Moujia and others identified the person who was United and sold forklifts to him many times.

3. The household registration certificate confirms basic information such as Ren Tuanjie's identity information.

4. It is proved that Ren Tuanjie was arrested and brought to justice on October 5th, 20 13/KLOC-0.

5. Witness Ai Moumou's testimony: In April, 201kloc-0/year, he helped Ren Tuanjie rent a forklift in the area of Yinping, Sanbing. After 20 12 Dragon Boat Festival, Ren Tuanjie began to default on rent. According to Ren Tuanjie's arrangement, he drove the rented forklift to a forklift repair shop near Daishan, sometimes to the yard of an automobile sales department at the intersection of Bantang Expressway, and then transported it away with a flatbed. Many forklifts are also shipped from the parking lot near Hanwang Hotel in Chaohu City. I don't know where the forklift was transported.

6. Witness Fang Moumou's testimony: During the second half of 20 1 1 2, Ren Tuanjie transported the forklift to other places through his flatbed transport company in Chaohu City. About 20 sets are transported in 20 12 years, and more than 20 1 1 year.

7. The testimonies of witnesses Hao Moumou, Li Mouyi, Ren Mou, Li Moujia and Pan Moumou prove the fact that they bought forklifts from Ren Tuanjie many times.

8. Ren Tuanjie's confession: Because there are many forklifts rented, the rent cannot be paid. At the urging of the owner, the rented forklift can only be sold to pay the rent, resulting in more and more loopholes. Later, forklift trucks were sold directly in the name of renting cars, not for production and operation at all. Ai helped him rent and transport forklifts. Those who bought their forklifts were Hao Moumou, Li Mouyi, Ren Mou, Li Moujia, Pan Moumou and others.

The above evidence was proved and cross-examined by the court of first instance, and confirmed by our court.

Ren Tuanjie and the defender put forward the appeal reasons and defense opinions that the forklift involved in the case was overvalued and the amount of the crime was wrong in the original judgment. Through investigation, it is found that the appraisal institutions and appraisers who appraised the forklift value in this case are qualified, the appraisal procedure is legal, the appraisal method is objective and fair, and the appraisal conclusion is scientific. Therefore, this part of the appeal grounds and defense opinions cannot be established and will not be adopted.

In our court's opinion, the appellant Ren Tuanjie signed and performed a forklift lease contract with others for the purpose of illegal possession, and sold the forklift after paying part of the rent of others, thus defrauding others of the property value of 1 103570 yuan, which has constituted the crime of contract fraud, and the amount is extremely huge, which should be punished according to law. The original judgment was based on Ren Unity's criminal facts, circumstances and the degree of harm to society, and there was no mistake in sentencing Ren Unity. Ren Tuanjie and his defender's appeal grounds and defense opinions about the excessive sentencing in the original trial were untenable and were not adopted. The original judgment found that the facts were clear, the evidence was true and sufficient, the conviction was accurate and the sentence was appropriate. The trial procedure is legal. In accordance with the provisions of Item (1) of Paragraph 1 of Article 225 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:

Reject the appeal and uphold the original judgment.

This is the final verdict.

Presiding judge Liu Yijun

Acting Judge Li Sen

Acting Judge Gao Hongbo

201March 4 1 1 day

Bookkeeper Wang Qingyu

Attachment: Relevant legal provisions

Criminal Procedure Law of the People's Republic of China

Article 225 After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:

(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;

(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;

(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.

Don't forget to adopt.