How to judge pension fraud

Fraudulent pension is a fraudulent act, and how to sentence depends on the amount of fraudulent pension. Those who reach a higher standard shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

The fraudulent means of fraudsters include forging relevant documents, pretending to be public security, procuratorate, court and other staff, taking advantage of the elderly's weak legal awareness and panic, as well as their concern for their children, and falsely claiming that they have to pay a deposit to arrest them, thus defrauding the elderly of their money. Fraudsters pretend to be family members, relatives, colleagues, etc., and contact their families to remit money to designated accounts by falsely claiming that they are in urgent need of money such as traffic accidents. After hearing such news, the old man was upset and easily deceived. Liars may first instill investment ideas into the elderly in parks, supermarkets, communities and other places where the elderly gather. Then win the trust of the elderly by organizing tours, visits, lectures and giving gifts. Then they will tell the elderly that they have a "service for the elderly" project. "After investing a certain amount, you can not only enjoy interest, but also get the right to live in the houses of Beishangguang and Su Hangrong. The more investment, the better the welfare. "

What are the common pension frauds?

1, "health products" fraud. Fraudsters use the elderly to pay attention to health care and induce them to buy useless health care products at high prices. Some elderly people with diseases have weak awareness of prevention and believe in all kinds of "magic" remedies provided by fraudsters. Some fraudsters even rent special venues to sell "health products" and "therapeutic drugs" to the elderly under the guise of giving away eggs, fruits and small household appliances for free, and exaggerate their efficacy to induce the elderly to commit fraud.

2, "old-age housing" fraud. The fraudsters aimed at the old people's houses and launched the "house-to-house pension" project to trick the old people into mortgage real estate loans and use the borrowed money to buy "high-yield" "financial management projects". In the early stage, the old man could still earn income, and then the swindler ran away with the money, and the house was forced to transfer, and the old man's money and house were empty.

3. "Fake pension" fraud. Fraudsters use home-based care for the elderly, institutional custody, bed provision and other forms to trick middle-aged and elderly people into signing contracts, paying membership fees, buying beds for the elderly, prepaying pension service fees and other means to illegally occupy other people's money, which is suspected of contract fraud and ordinary fraud.

4. "Pension" fraud. In the name of knowing the staff of the Social Security Bureau, fraudsters collect tens of thousands of uninsured people at one time, falsely claiming that they can help uninsured people provide agency services and enjoy pension benefits by paying social endowment insurance premiums at one time.

5. "Fake help" fraud. After gaining the trust of middle-aged and elderly people, fraudsters mainly cheat them in various forms under the guise of free clinic, psychological care, on-site escort, charitable donation and voluntary service, and organizing cultural activities.

6. "Winning" fraud. Fraudsters appear in the form of mobile phone text messages and web lottery. And tempted by small profits, let the elderly who are convinced of winning provide personal information and bank account numbers. According to their step-by-step design, they were finally cheated.

7. "Fake financial management" fraud. Fraudsters attract the attention of the elderly by giving small gifts, and then fabricate some high-end investment projects, fabricate false documents, and use the characteristics of information occlusion of the elderly to defraud trust. Then, with high interest rate, high return and low risk as bait, let the elderly invest, even in the form of attracting investment and enjoying early rebate, to induce the elderly to increase investment or attract investment and carry out illegal fund-raising. Finally, the money invested by the elderly is used for part of the rebate, and then absconded.

8. "low-cost travel" fraud. Fraudsters organize tourism activities at unreasonably low prices to trick the elderly into traveling, and then coerce, induce, cheat, bundle sales and other means to trick the elderly into buying fake and shoddy products, luxury goods and other commodities at high prices, or increase various high fees in disguise on the way.

Legal basis:

Criminal law of the people's Republic of China

Article 267 Whoever robs a large amount of public or private property or repeatedly robs it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud

Rule number one. Those who defraud public or private property in an amount of more than 3,000 yuan, 30,000 yuan, 100,000 yuan and 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.