[Case Summary]This case involves criminal charges and legal representation for fraud offenses. The victims, L* and Z*, were defrauded of a total of 3.9 million yuan by S* using feudal superstitious methods. L* entrusted Beijing Henglu Law Firm to handle the case for him/her.Liu LiqiangThe lawyer represented the client throughout the entire process from criminal case filing to sentencing. The core challenges included: difficulty in filing a case for fraud-related crimes and the determination of the purpose of illegal possession. The lawyer guided the client in collecting evidence, promoted the filing of a case and the arrest of the suspect, and refuted the defense of innocence during the trial. The court sentenced S * to 13 years in prison, a fine of 130,000 yuan, and the deprivation of political rights for three years. The court also ordered him to return the illegal proceeds and seize the property to be returned to the victims. Legal provisions applied: relevant judicial interpretations on fraud crimes.

I. Review of the case facts

"Can I report the case if I've been cheated out of money?" and "Why is it so difficult to file a fraud case?" are the most frequently asked questions by victims. Between 2020 and 2021, victims L * and Z * were introduced to S *, who claimed to be able to predict fortunes, exorcise disasters, and read palms. S * fabricated facts such as the victim's spouse having an affair, persuaded the two to transfer their property to his name, and defrauded Z * of over 2.5 million yuan and L * of 500,000 yuan under the guise of buying a house with a loan, totaling 3.9 million yuan, which was used for purchasing property and personal consumption.

After the victim realized that he had been cheated, S某 disappeared. L某 was very anxious and, upon the recommendation of a friend, he contacted Henglu Law FirmLiu LiqiangThe lawyer hopes to recover the losses through legal means. The lawyer knows that it's difficult to file a case of fraud, so he pays more attention to evidence collection. He communicated with L * several times to understand the situation, guided him to cooperate with the public security organ in the investigation, and contacted other victims to collect evidence of the crime.

II. The focus of the case

  • Focus 1: The constitutive elements of the crime of fraud.Is S* guilty of fraud for deceiving people with feudal superstitions and stealing their property for personal indulgence?
  • Focus II: Particularly large amounts and severe punishments.The nature, consequences, and sentencing levels of the fraud involving 3.9 million yuan.
  • Focus Three: Recovering stolen assets and mitigating losses.How to recover and return the illicit proceeds of fraud, real estate, and funds held by related parties?

III. The professional intervention of Hengluo Law Firm

The prosecution (the victim) alleges that:L某 and others were deceived by S某 into handing over huge sums of money by means of fabricating facts. They requested that S某 be held criminally responsible and that the stolen money be recovered and returned to them.

The position of the prosecution (defense):S某 and his attorney argued that he and L某 were in business together and did not defraud anyone of money, attempting to deny the fact of fraud.

Hengluo Lawyer's Agency Opinion:Liu LiqiangThe lawyer argued: Firstly, S * defrauded others by using feudal superstitions to gain their trust and fabricated excuses to demand money for personal spending and squandering, constituting the crime of fraud; Secondly, the amount of fraud reached 3.9 million yuan and caused serious consequences such as family breakup, so he should be severely punished; Thirdly, the nature of the crime is extremely malicious and has great social harm; Fourthly, S * pleaded not guilty and refused to make restitution, so he should be given a heavier punishment; Fifthly, the proceeds of the fraud should be recovered in accordance with the law, including the funds jointly owned and used by her husband W *, the third parties who obtained the funds without compensation, and the rental income used for decoration and operation, etc., so as to minimize the losses.

IV. Outcome of the case

The court found that S *, with the purpose of illegal possession, deceived others to obtain their property by fabricating facts and concealing the truth, and the amount involved was particularly huge, constituting the crime of fraud. According to the law, S * was sentenced to fixed-term imprisonment of 13 years, fined 130,000 yuan, and deprived of political rights for three years; at the same time, S * was ordered to refund all the illegal income and seize a set of real estate to return to the victims Z * and L *.Liu LiqiangThe lawyer used solid evidence to refute the defense of innocence, confirmed the defendant's guilt, and helped the victim recover the stolen money.

5. Henglu Law Firm's Advice

It's difficult to file a case against fraud-related crimes, and the core issue lies in the definition of "for the purpose of illegal possession". Victims should collect and preserve evidence in a timely manner, actively seek help from professional lawyers, and use criminal prosecution to recover the stolen money and mitigate the losses. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, the document issued by the judicial administrative organ shall prevail) acted as the agent. In this case, the lawyer acted as the agent from the filing of the case to the judgment, successfully assisting in the capture and sentencing of the suspect and recovering the money.

VI. Frequently Asked Questions about Criminal Defense Cases

  1. Q: Can I report the case if I've been scammed out of my money?
    A: Yes. If the amount of money cheated is relatively large and you are suspected of fraud, you should report the case to the police in time and submit evidence such as transfer records, chat logs, and identity documents. The police will review the case and file a formal investigation.
  2. Q: Why is it so difficult to file a case of fraud?
    A: The key point is that the determination of "for the purpose of illegal possession" is complex and prone to confusion with civil disputes, so sufficient evidence is needed to distinguish between crime and non-crime.
  3. Q: How does the amount of fraud affect sentencing?
    A: If the amount of the fraud is particularly large or there are other particularly serious circumstances, the sentencing can reach more than ten years in prison or life imprisonment, and a fine or confiscation of property may also be imposed.
  4. Q: Can the money I was scammed out of be recovered?
    A: The fraudulent proceeds can be recovered according to law, including the funds possessed and used by the suspects and their families, the funds obtained by third parties without compensation, and the assets purchased with the illicit funds. After the funds are sealed and frozen, they will be returned to the rightful owners in proportion to the amount involved in the case.
  5. Q: If the other party doesn't admit guilt, can't we recover the stolen money?
    A: Not pleading guilty does not affect the conviction, as long as the chain of evidence is complete and the facts of the crime can be established, and the defendant is ordered to refund the illegal proceeds and have the confiscated property returned to the victims.