Brief facts of the case

The victim, Mr. Wang, stated that in March 2023, he met Bian through a friend, and Bian claimed to know the leader of a branch of an oil company and could help him buy 20 tons of No. 0 diesel at a price lower than the listed price of 300 yuan. Later, Bian took him and his friends to the branch and signed a contract with the company's sales manager, who proposed to let the legal department review the contract, but the branch did not have a legal department, and several people left. Later, Bian always wanted to facilitate the transaction, and said that the sales manager of the branch said that if he paid 500,000 yuan first, he could help the legal department of the company's superior company to implement the contract. As a result, he made a payment of 500,000 yuan according to the private account provided by Bian. After that, he chased Bian for money, but Bian always shirked for various reasons and did not repay the loan.

 Defendant Bian X confessed that his friend said that Mr. Wang wanted to buy 20 tons of No. 0 diesel, and after he went to a branch of an oil company to find the company's sales manager, he told his friend that it could be cheaper by 300 yuan per ton. Later, he took Mr. Wang and others to the company to discuss the purchase of No. 0 diesel, and drafted a contract with the company's sales manager. Mr. Wang asked for the company's procedures and other supporting materials, but the branch did not sign the contract because the branch did not have a legal department. Later, he offered to help Mr. Wang contact the sales manager, and said that he would give the manager a deposit of 500,000 yuan, and the manager would go to the legal department to implement the contract. He also wrote a letter of commitment to Mr. Wang, promising that if the matter could not be done, the 500,000 yuan would be returned. Mr. Wang transferred 500,000 yuan from another person's account designated by him. The $500,000 has nothing to do with someone from an oil company, and has been used by him to repay personal debts and spending. The reason why he did not use his bank card to collect money was because he owedcredit cards, and if the money was transferred to his name, it would be swiped away. When Mr. Wang asked him about the progress of the matter, he lied to him and said that the money had been given to the company's leaders, but later he simply did not answer the phone and did not reply to WeChat.

Heard by the courts

After trial, the court found that between March and April 2023, the defendant Bian falsely claimed that he had the ability to help the victim Mr. Wang go to the legal department of an oil company to review the oil purchase contract, and defrauded the victim Mr. Wang of RMB 500,000 (the transfer location was located in Haidian District, this city) on the pretext of asking for payment for services.

After trial, the court held that the defendant Bian X fabricated facts and defrauded others of their property, and the amount was particularly huge, and his conduct constituted the crime of fraud. In view of his admission of guilt and acceptance of punishment in court, the court finally sentenced him to 10 years imprisonment, deprivation of political rights for two years, and a fine of 100,000 yuan; and order them to make restitution to the victims.

After the verdict was announced, the defendant Bian X appealed, claiming that he did not defraud the victim, and that the 500,000 yuan transferred to him by the victim was a service fee for introducing the purchase of oil, and this money was used to run errands. After trial, the court of second instance held that the evidence in the case corroborated each other, which was sufficient to prove that Bian had fabricated facts and defrauded others of property, and that his conduct had constituted the crime of fraud, and rejected the defendant Bian's appeal and upheld the original judgment.

What the judge said

In recent years, a number of oil scammers have emerged in the market, claiming to have connections with oil companies and can help buy hundreds or even hundreds of millions of tons of diesel at low prices, which is actually a fraud to obtain a deposit. It is reminded that for bulk commodities such as oil, you should contact oil companies directly, fully understand the purchase process and conditions, and purchase according to the process, so as to avoid falling into the trap of criminals and spending a lot of time, energy and money.

At the same time, the parties are reminded that when seeking intermediary services and consulting services, they should carefully review the qualifications, work experience, and professional knowledge reserves of relevant personnel, and do not listen to oral introductions from others. The contract money shall be directly transferred to the collection account agreed in the contract, and the payment shall be made in strict accordance with the payment terms and time limits agreed in the contract, and the payment shall not be transferred to the private account according to the requirements of the intermediary. If it is found that there is no progress in the entrusted matters, and the other party does not answer the phone, does not reply to the message in a timely manner, etc., you should urge the other party to repay the loan, and if the other party delays the repayment, call the police in time to recover the property loss.

I transferred from the WeChat public account of "Beijing Haidian Court", and I would like to express my gratitude!