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No.13 of Model Cases regarding Taiwan-Related Judicial Assistance Provided by People's Courts in 2014 Issued by the Supreme People's Court: Case regarding the Intermediate People's Court of Dongguan City, Guangdong Province's Return of Property to Chen and Other 16 Victims from Taiwan Region
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最高人民法院发布2014年人民法院涉台司法互助典型案例之十三：广东东莞中院向台湾地区被害人陈某某等17人返还财产案
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No.13 of Model Cases regarding Taiwan-Related Judicial Assistance Provided by People's Courts in 2014 Issued by the Supreme People's Court: Case regarding the Intermediate People's Court of Dongguan City, Guangdong Province's Return of Property to Chen and Other 16 Victims from Taiwan Region
最高人民法院发布2014年人民法院涉台司法互助典型案例之十三：广东东莞中院向台湾地区被害人陈某某等17人返还财产案
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| No.13 of Model Cases regarding Taiwan-Related Judicial Assistance Provided by People's Courts in 2014 Issued by the Supreme People's Court: Case regarding the Intermediate People's Court of Dongguan City, Guangdong Province's Return of Property to Chen and Other 16 Victims from Taiwan Region | | 最高人民法院发布2014年人民法院涉台司法互助典型案例之十三：广东东莞中院向台湾地区被害人陈某某等17人返还财产案 |
| - It was the first case regarding judicial assistance in the transfer of Taiwan-related illicit money tried by a court of Guangdong Province | | ——广东法院第一起涉台罪赃移交司法互助案 |
| (1) Request Items | | （一）基本案情 |
This was a case of telecommunications fraud. After a trial, the Intermediate People's Court of Dongguan City, Guangdong Province and the Higher People's Court of Guangdong Province found that: In June 2009, in collusion with other persons, defendant Fan Yulang undertook the management of Chang'an Branch of Zhuhai Qisheng Trade Co., Ltd. (hereinafter referred to as “Qisheng Company”) in Dongguan City and engaged in activities of telecommunications fraud. In the name of telemarketing of tea to outsiders, Qisheng Company mustered more than 40 persons from Taiwan Region and over 40 women from the Chinese mainland to pretend to be prosecutors, heads of police forces, police officers, and hospital nurses in Taiwan Region and committed frauds by telephone calls after purchasing a large amount of personal information of Taiwan residents. Up to October 2009 when they were apprehended on the scene by the public security authority, Fan Yulang and other 42 defendants (among whom Fan Yulang and other 30 persons were residents of Taiwan Region) have actually defrauded over 7.68 million yuan from 19 victims from Taiwan Region. With many defendants and victims involved in this case, strong fraudulence in the criminal means, and great social harmfulness caused, the courts rendered the judgment of first instance and the ruling of second instance that penalties should be imposed on the defendants and at the same time, the illicit money transferred with the case should be returned to victims in proportion.
．．．．．． | | 该案系一起电信诈骗犯罪案。经广东省东莞市中级人民法院、广东省高级人民法院审理查明：2009年6月，被告人范裕榔伙同他人在东莞市接手管理珠海奇盛贸易有限公司长安分公司（以下简称奇盛公司），从事电信诈骗活动。奇盛公司对外以电话推销茶叶为名，先后纠集了40余名台湾地区人员和40余名大陆女子，在购得大量台湾居民个人信息资料后，通过冒充台湾地区检察官、警察队长、警员和医院护士等身份，通过拨打电话方式进行诈骗。截至2009年10月被公安机关当场抓获，范裕榔等43名被告人（其中范裕榔等31人为台湾地区居民）共实际骗取19名台湾地区被害人钱款折合人民币768万余元。本案涉案被告人和被害人人数众多，犯罪手段具有很强的欺骗性和社会危害性，一审判决和二审裁定在依法判处涉案被告人刑罚的同时，判决将随案移送的赃款按比例退还被害人。
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