Sending false information about cancellations of flights, pretending to be air customer service and contacting passengers to collect handling fees in the name of re-signing and refund tickets, is a way for a group of cheats in Danzhou, Hainan to collect money.
On July 19, the Chinese Judicial Documents Network published the judgment of the second instance of the case. After hearing, the second intermediate peoples court of Hainan Province rejected the appeal and maintained the first instance judgment. Six defendants in the case were sentenced to six to 19 yearsimprisonment, respectively.
The court found that since 2014, six people, such as Zheng Moutao and Lin Mouxian, have been faking airline customer service personnel to defraud passengers of the handling fee of ticket re-signing and refund, totaling more than 4.4 million yuan.
Online purchase of passenger booking information, fake air customer service fraud
Dear passenger, the flight you originally scheduled for a certain day in a certain year and a certain month was cancelled due to mechanical failure of the aircraft. Please contact customer service 400 phone calls in time, refund tickets or re-sign additional compensation of 200 yuan. This is a false message sent to passengers by Zheng Moutao, Lin Mouxian and others.
The court found that from 2014, six people, such as Zheng Moutao and Lin Moxian, from Danzhou, Hainan Province, fraudulently issued false information about flight cancellation, ticket renewal and refund procedures to passengers booking tickets on the platform of Internet E-mail, QQ and mail. The verdict shows that when the target passenger dials the customer service telephone reserved in the short message, the group members will pretend to be the airline customer service to answer the phone. They will first let the passengers transfer to the designated account less than the balance of their bank card or transfer it to the group members in a small amount on the grounds of paying the re-signing fee, refund ticket or cancellation compensation. Account to the passenger card number, cheat the passengers trust, and let the passengers operate according to their requirements. The amount of the card will be transferred to the designated account through the banks ATM or Alipay.
Since 2014, Zheng Moutao has started to purchase mobile phone cards and bank cards, and purchased passenger booking information from the unemployed person Lin Moushen. He has carried out several frauds. In only two years, he has cheated more than 4.4 million yuan, and the amount of fraud in a single case ranges from thousands to 100,000 yuan.
In Lins statement, he said that he sold more than 1,000 tickets to Zheng Moutao, Lin Mouxian and others at a price of 20 yuan for each passengers ticket information, a total of more than a dozen times. And Lin Moushens passenger ticket information is from the network, purchasing from others at a price of 10 yuan. After payment, he needs to download information from the Internet, including passengers name, identity card number, flight number, departure place, arrival place, mobile phone number and so on.
On March 31, 2016, the police of Danzhou Public Security Bureau found that Zheng Moutao, Lin Mouxian and others had fraudulently committed many people in their work. Since then, six members of the gang have been arrested one after another. After Zheng Moutao arrived at the case, the police also found that between 2014 and 2016, he took illegal possession as the purpose, defrauded other peoples credit card information, used other peoples credit cards on Taobao website, and stole more than 400,000 yuan of other peoples credit cards.
Members of the gang were sentenced at both first instance and five appeals were rejected.
On November 23, 2017, the Danzhou Peoples Court rendered a first instance judgment on the case.
The court found that Zheng Moutao cheated other peoples property 43 times, totaling RMB 1559940.61; Lin Mouxian cheated other peoples property 21 times, totaling RMB 1091177.2; Lin Moushen knows that others commit telecom network fraud crime, but provides citizenspersonal information for others, and participates in 32 times of cheating others property, totaling RMB 1360638.61; He Mouyang and Wu Mouyu knew that others had committed the crime of telecom network fraud, and helped others to withdraw money. They participated in 27 fraudulent cases, totaling RMB 331677.05; Xu Mouqiang participated in four fraudulent cases, totaling RMB 43564.
The Danzhou Peoples Court sentenced six people, such as Zheng Moutao and Lin Moushen, to fixed-term imprisonment ranging from 6 years to 19 years and fined them for fraud and credit card fraud.
After the first trial judgment, except Lin Moushen, the remaining five defendants refused to accept the judgment and appealed. Zheng Moutao said in his appeal that he doubted the number of two cases of fraud mentioned in the judgment. He believed that the facts of the amount of fraud were unclear and the evidence was insufficient. He denied the conviction that he had committed a crime with Lin Mouxian. Lin Mouxian appealed that at the stage of investigation, he was lured to confess by the investigators. The remaining three people thought the original sentence was too heavy and asked the court of second instance to change the sentence.
Thereafter, the case was sent back to Danzhou Peoples Court for retrial. On November 27, 2018, the Danzhou Peoples Court retried its judgment and the result of the judgment was consistent with the original judgment. Lin Moushen and five others appealed again. It is noteworthy that during the second instance, no new evidence was presented by the five Appellants and their defenders.
After hearing, the Second Intermediate Peoples Court of Hainan Province held that the appellant Zheng Moutao and othersreasons for appeal and their defenders advocacy opinions could not be established, and the court refused to accept them. The original judgment identified five appellants, such as Zheng Moutao and Lin Mouxian. The facts of the crime of fraud committed by the defendant Lin Moushen and the crime of credit card fraud committed by the appellant Zheng Moushen were clear, the evidence was accurate and sufficient, the applicable law was correct, the sentencing was appropriate, and the trial procedure was legal.
On July 17, 2019, the Second Intermediate Peoples Court of Hainan Province upheld the original judgment of Danzhou City Court.