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(Indictment of Yunlong County People’s Procuratorate in Dali Prefecture) Defendant Guo Moumou, formerly known as Guo Moumou, male, born in ******** 1982, civil status number 5115211982 ********, Han nationality, early Chinese, farmer, from Yibin City, Sichuan Province, living in Yibin City, Sichuan Province ** Town ** Village ** Group No. **. On November 14, 2013, he was sentenced to one year and two months in prison by the Jinjiang District People’s Court of Chengdu for the crime of theft; On April 15, 2016, he was sentenced by the Yibin County People’s Court of Sichuan Province to 10 months’ imprisonment and 1 year and 6 months’ imprisonment respectively for theft and fraud, with a combined fixed-term imprisonment of 2 years and 2 months. On July 22, 2019, he was arrested by the Yibin City Public Security Bureau of Sichuan Province for committing fraud and theft, and on the same day he was criminally detained by the Yunlong County Public Security Bureau, and with the approval of this court, he was arrested by the Yunlong County Public Security Bureau on August 29, 2019.

The investigation of this case was concluded by the Yunlong County Public Security Bureau

, on October 28, 2019, defendant Guo Moumou was transferred to this court for review and prosecution on suspicion of fraud, robbery, and theft. After accepting the case, on October 29, 2019, this court informed the defendant of the right to appoint a defender and the possible legal consequences of admitting guilt and accepting punishment, and the victim’s right to appoint an agent ad litem, interrogated the defendant in accordance with the law, listened to the opinions of the defendant, his duty lawyer and the victim, and reviewed all the case materials. On November 28, 2019 and February 13, 2020, the Supreme Court decided to extend the time limit for reviewing the prosecution by 15 days twice. The hospital returned to the public security organ for supplementary investigation on December 13, 2019 and February 28, 2020, and the Yunlong County Public Security Bureau re-investigated and rereported twice on January 13, 2020 and February 28, 2020, respectively. With the legal help of the duty lawyer, defendant Guo Moumou knew the possible legal consequences of admitting guilt and accepting punishment, voluntarily admitted guilt and accepted punishment, and agreed to apply ordinary procedures to the trial of this case.

After examination and ascertainment in accordance with the law

1. Fraud

1. On September 12, 2018, the defendant Guo Moumou rented a Wuling brand LZW6442JF bus with the license plate Yun****** with Yang Moumou in Yunlong County, and advanced a rental fee of 1,000 yuan, saying that the rental time was 5 to 6 days. On September 14, 2018, the defendant Guo Moumou drove the car to the home of Yu Moumou of the ** Township ** Group in Lanping County, Nujiang Prefecture, and fabricated the fact that Yang Moumou owed him money and had mortgaged the Yun ****** bus to him, and did not return the car to Yang Moumou on time afterwards. Later, after repeated urging by Yang Moumou, the defendant Guo Moumou found various excuses to refuse to return the car. In order to stabilize Yang, defendant Guo transferred RMB 1,000 to his bank card on October 7, 2018, and promised to return the car to Yang on October 13, 2018, but defendant Guo did not return the car as scheduled. Between October 12 and 14, 2018, the defendant Guo Moumou drove Yang Moumou’s cloud ****** bus to Xiaguan to Fengyi checkpoint in Dali City, along the Hangzhou-Rui Expressway from Dali to Chuxiong, via Zhaotong to Yibin City, Sichuan Province, and processed Yang Moumou’s cloud ****** bus without authorization.

After identification, the defrauded Yun****** Wuling brand bus was determined to have a price of RMB 30,968.

2. One day in December 2018, defendant Guo Moumou found Chen Moujia’s WeChat account near WeChat, and learned that she was selling insurance, so he fabricated the fact that he was a shareholder of ** Town ** Brick Factory in Yibin City, Sichuan Province, and wanted to buy insurance for employees, invited Chen Moujia to meet, and after the two ate and drank tea together, defendant Guo Moumou said that the “seventh brother” of another factory also wanted to buy insurance for the workers, and could help Chen Moujia arrange a banquet to meet the “seventh brother”, on December 23, 2018, On the 24th, Chen Moujia defrauded 3,100 yuan.

2. The crime of robbery

On March 11, 2019, the defendant Guo Moumou went to Zhang Moumou’s teahouse at ** Town** Street, Gao County, Sichuan Province under the pseudonym of “Wu Moumou”, and met Chen Mouyi. On the evening of March 12, defendant Guo Moumou took Chen Mouyi to ** Town ** Street ** Hotel for prostitution, during which Guo Moumou took Chen Mouyi’s full gold necklace and a full gold pendant and put it on his neck, and at about 9 o’clock the next day, defendant Guo Moumou took advantage of Chen Mouyi’s bathing and not dressed yet, told Chen Mouyi that I was gone, and ran away wearing Chen Mouyi’s full gold necklace and pendant.

After identification, the market price of the gold necklace that Chen Mouyi was robbed was RMB 2,945.

Due to incomplete information on the pendant, it was not identified.

3. The crime of theft

On December 25, 2018, defendant Guo Moumou invited Chen Moujia to Jufu Farmhouse in Rongbian Town, Zigong City, Sichuan Province on the grounds of inviting “Seventh Brother” to dinner, and defendant Guo took advantage of Chen Moujia’s fishing in a fish pond to steal a rose gold Apple 6SPLUS mobile phone from Chen Moujia in the private room of Jufu Farmhouse, and then fled the scene.

It was determined that the value of Chen’s stolen rose gold Apple 6SPIUS mobile phone was RMB 1,100.

The evidence for determining the above facts is:

1. Documentary evidence such as case registration forms and case registration decisions; 2. Statements by victims Yang Moumou, Chen Moujia, and Chen Mouyi; 3. The testimony of witnesses Yu Moumou, Xu Moumou, Hu Moumou, Tan Moumou, and Zhang Moumou; 4. Defendant Guo’s confession and defense; 5. Appraisal opinion; 6. On-site investigation, identification records, etc.

The above-mentioned evidence collection procedures are lawful and the content is objective and truthful, which is sufficient to determine the facts of the allegation. Defendant Guo Moumou did not object to the facts and evidence of the alleged crime.

The court held that the defendant Guo, for the purpose of illegal possession, used the method of fabricating facts and concealing the truth to defraud others of property worth a total of 34,068 yuan, which was a relatively large amount, and his behavior violated the provisions of Article 266 of the Criminal Law of the People’s Republic of China; For the purpose of illegal possession, defendant Guo Moumou took advantage of others to publicly seize property worth 2,945 yuan, a relatively large amount, and his behavior violated the provisions of Article 267 of the Criminal Law of the People’s Republic of China; According to Article 2 of the Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft, “Whoever steals public or private property and has received criminal punishment for committing a crime may be determined in accordance with 50 percent of the prescribed standard.” Defendant Guo had received criminal punishment for theft, and combined with the enforcement standard of “relatively large amount” for theft in Sichuan Province of more than 1,600 yuan, the amount of theft had reached the standard of “relatively large amount”, and his conduct had violated the provisions of Article 264 of the Criminal Law of the People’s Republic of China. The facts of the crime in this case are clear, the evidence is credible and sufficient, and the defendant Guo Moumou should be investigated for criminal responsibility for the crimes of fraud, robbery and theft, and the defendant Guo Moumou committed several crimes before the verdict was pronounced, and according to Article 69 of the Criminal Law of the People’s Republic of China, several crimes should be punished concurrently. Defendant Guo Moumou who commits a crime that should be sentenced to fixed-term imprisonment or more within five years of the completion of the punishment is a repeat offender and shall be given a heavier punishment in accordance with Article 65 of the Criminal Law of the People’s Republic of China. Defendant Guo Moumou voluntarily and truthfully confessed his crime at the stage of examination and prosecution, admitted the facts of the alleged crime, and was willing to accept punishment, and may be treated leniently in accordance with law in accordance with the provisions of Article 15 of the Criminal Procedure Law of the People’s Republic of China. In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People’s Republic of China, file a public prosecution and request a sentence according to law.

Source: Dali Information

Original title: Dali police investigation is over! A man who recidivists does not change, wears her gold necklace after staying in a hotel, and commits …

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