Having a child at the age of 14, "the girl is accused of defrauding a million village branch secretaries." Behind this: Her mother claims that her daughter went to the streets illegally when she was young | Judgment | Childhood
A seemingly simple village branch secretary was scammed by a woman, and there may be other illegal activities behind it.
Recently, a Weibo report about a village chief being scammed over 1 million yuan by a girl has attracted attention. On July 17th, Pengpai News obtained the first instance verdict of the case through the relatives of the defendant Liu, which showed that Liu, born in October 1997, was charged with impersonating the victim Hu Mouyin as a student in the autumn of 2016, concealing the fact that he had dropped out of school, got married, and had children. He used the excuse of demanding middle school and university tuition fees to defraud Hu Mouyin of more than 1.43 million yuan and squander it.
The Lanling County Court in Linyi, Shandong made a first instance judgment on the case on July 7th. The court found that the defendant Liu committed fraud and sentenced him to five years imprisonment and a fine of RMB 100000. Order Liu to refund the victim Hu Mouyin over 413800 yuan within 30 days after the judgment takes effect.
The testimony of witness Chen in the verdict caught the attention of netizens. Chen testified that when he met Liu in 2012, he was already pregnant and the child he gave birth to settled down with him. Some netizens believe that based on this calculation, it is suspected that Liu was under 14 years old when he had sexual intercourse with someone else.
On July 18th, the mother of the defendant Liu told Pengpai News that after the first trial verdict, she had already asked a lawyer to write an appeal and report letter for her daughter. Due to his previous imprisonment and neglect of discipline towards his daughter Liu, Liu gave birth in August 2012 under the age of 15 and did not know who the biological father of the child was.
On the same day, a staff member of the Shenshan Town Government in Lanling County told Pengpai News that Hu Mouyin had indeed served as the village branch secretary before, but has now been dismissed.
Photos of Liu and his child. Is it a care or sponsorship relationship? The relationship between the defendant and the victim varies
Liu, born on October 17, 1997, is from Lanling County, Shandong Province. He has a primary school education and was criminally detained on February 21, 2021 on suspicion of fraud. He was arrested on March 30 of the same year and detained in a detention center in Linyi City.
How did Liu meet the victim Hu and what was their relationship? The two sides have different opinions.
The verdict shows that the victim Hu claimed that in May and June 2016, he met the waiter Liu while eating at a restaurant. She said her family was facing difficulties, and her stepmother didn't allow her to go to school. The two of them exchanged phone numbers and added WeChat before starting to contact each other.
According to Hu, Liu claimed that he needed tuition fees to attend high school, and he supported 7000 yuan in cash. One or two months later, Liu contacted Hu and went to a hotel in the county town, and the two had sexual intercourse.
Hu said that later Liu requested living expenses, and he gradually transferred hundreds or one or two thousand yuan through WeChat. In the summer of 2017, Liu said that he had been admitted to Guangzhou Ocean University and needed to pay tuition fees. He transferred more than 130000 yuan multiple times through WeChat. In 2018, Liu claimed to have been transferred to Peking University and sent him a location, demanding a tuition fee of 130000 yuan. In August 2019, Liu said that he fell ill at school and needed surgery. He was hospitalized for three to four months, and he gradually transferred more than 430000 yuan. Around 2020, Liu said that during his training in South Korea, he needed treatment for a recurring illness and transferred more than 310000 yuan one after another.
Hu claimed that he transferred more than 1.36 million yuan in total and had sexual relations with Liu three times. It was Liu who initiated the sexual relationship with the aim of fabricating reasons to continue defrauding money. He did not proactively transfer the funds to Liu, but instead demanded them for various reasons such as living expenses, transportation expenses, and illness for Liu's higher education. Liu promised to repay the money in the future and even said that she worked at the State Council. He believed it would be beneficial in the future. In the end, he saw a video of Liu holding a child and suspected that he had been deceived.
Pengpai News noticed that the defendant Liu's confession is different from what Hu Mouyin said. According to Liu's confession, she met Hu during a sexual transaction through someone's introduction.
The verdict shows that Liu confessed that she worked as a farmer after graduating from primary school and was detained by the public security in 2015 for drug use. She was engaged to Bu Mouzhou in April 2016 and became pregnant in June of the same year. She registered for marriage in October 2017 and divorced in May 2020.
Liu claimed that about five or six years ago, she had engaged in prostitution on a street at the Wucha Road Hotel in Lanling County. The boss introduced her as a student to Hu Moyin, and the two engaged in sexual intercourse. They continued to keep in touch afterwards. During this time, he falsely claimed to be studying at universities in Guangzhou and Beijing, and demanded around 10000 yuan in tuition fees from Hu Mouyin every semester. During their pregnancy from June 2016 to April 2017, the two chatted on WeChat and asked Hu Mouyin for money due to illness. In August 2019, Hu falsely claimed that he needed to be hospitalized for surgery while studying at university in Guangzhou, and Hu transferred over 100000 yuan one after another. In February 2020, he falsely claimed to be hospitalized in South Korea and demanded one to two hundred thousand yuan from Hu Mouyin. The money was consumed by him and his ex husband, and he was unable to repay Hu with silver.
What is the relationship between Hu and Liu? Liu's mother also told The Paper that when Hu met her daughter, Hu was already 54 years old. At that time, her daughter was fourteen or fifteen years old, and it was Hu who took care of her daughter.
On the evening of the 17th, Hu did not directly respond to his identity issue. He claimed that he had a sponsorship relationship with Liu, not a foster relationship, and had never cohabited before. He denied that he met Liu during a sexual transaction. Hu said that from 2016 to 2020, he had three sexual encounters with Liu at a hotel, and "not paying" was not a sexual transaction. Afterwards, he realized that he had been deceived, and six months later, he reported it to the police.
A case of giving birth at the age of 14 or sexually assaulting a young girl
The prosecution accused the defendant Liu of impersonating a student and concealing the fact that he had dropped out of school, married and had children since he met Hu in the autumn of 2016, in order to gain Hu's trust. He fraudulently obtained a total of more than 1.43 million yuan from Hu for demanding high school and university tuition fees, medical expenses, training expenses, living expenses, and other expenses, and used the stolen money for extravagance.
The Lanling County Procuratorate believes that the defendant Liu defrauded others of a particularly large amount of money, and his behavior violated relevant provisions of the Criminal Law of the People's Republic of China. He should be held criminally responsible for fraud.
In the trial, the defendant Liu argued in court that she did not fabricate any reasons for fraud and did not constitute the crime of fraud.
Pengpai News noticed that there were six witnesses testifying in the verdict.
Chen's testimony stated that he met Liu through a friend's introduction in 2012. At that time, Liu was pregnant and both of her parents were serving sentences in prison. Out of sympathy, he advanced 5000 yuan to Liu for giving birth. Because he had no children after marriage, he settled his child under his own name, but it is unknown who the father of the child is. In 2019, he was released after serving his sentence, and broadcast live in Kwai. Liu went to his studio to brush gifts. The two got to know each other again and confirmed their relationship with each other. Liu and her mother have no work, so they stay at home to take care of their children. Liu often spends money recklessly, and he once questioned whether it was given by his ex husband Bu Mouzhou during his divorce.
Liu's ex husband Bu Mouzhou confirmed that Liu is his ex-wife, who used to be a bus ticket seller with a monthly salary of around 2000 yuan. In 2017, Liu became pregnant and suspected that the child was not his own, leading to a conflict between the two. Later, he discovered that Liu and Chen were surfing the internet together in an internet cafe, and the two divorced. During pregnancy, Liu had no income. During his marriage, Liu's daily life was just eating, drinking, and playing, and it was the same after his divorce.
Liu's mother and defense lawyer Zhou Yanyan told Paper that Liu was born on October 17, 1997, and her first child was born on the tenth day of the seventh lunar month in 2012.
Liu's mother claimed that when Liu gave birth to her first child, she was serving her sentence and did not know who the child's father was. After being released from prison, she learned that during her imprisonment with her ex husband, Liu, who was only 12 years old at the time, was living on the streets by collecting garbage. According to her daughter's account, she was coerced into prostitution by others, went astray, and was also dealt with for drug use.
Liu's mother claimed that she was also unable to determine who the father of her first child was. As Chen had no children, she registered her first child under Chen's name.
On July 17th, Pengpai News called Chen multiple times, but the phone showed that it had been shut down.
The court considers it guilty of fraud, and the existing evidence cannot determine the custody relationship between the two individuals
In this fraud case, the relationship between Liu and Hu was crucial, and the defense opinion of the defendant's "custody relationship" was not adopted by the court.
The court held that Liu, while engaged and cohabiting with someone else, fabricated his student identity and knew the victim, and fraudulently obtained 413800 yuan from the victim's property for false reasons such as tuition fees for college and medical expenses for hospitalization. The defendant's confession, victim's statement, WeChat transfer records, as well as WeChat chat records, mobile phone SMS records and other evidence in the case confirmed that his behavior met the elements of the crime of fraud. The existing evidence cannot determine the existence of a foster relationship between Liu and the victim.
On July 7, 2023, the People's Court of Lanling County made a first instance judgment on this case, sentencing the defendant Liu to the crime of fraud and sentencing him to five years in prison and a fine of RMB 100000. Order the defendant Liu to compensate the victim Hu Mouyin for economic losses of RMB 413800 within 30 days after this judgment takes effect. One OPPO mobile phone, the crime tool, was confiscated.
Regarding the first instance judgment made by the court, on the 17th, Zhou Yanyan, Liu's defense lawyer, told Paper that she has submitted an appeal to the court. As it is a closed trial, the specific details of her defense cannot be disclosed at the moment.
Lawyer Zhou Yanyan pointed out in an interview with Pengpai News that the facts of this case have not been thoroughly verified, such as the relationship between Liu and Hu, the accurate time, amount, frequency of fraud, which amounts were voluntarily paid by the victim, and which were based on lies.
Liu's mother said that she has submitted a report letter to multiple local departments regarding her daughter's past situation, but has not yet received a response. "In recent years, I have never given up on this case and have gone wherever I can."
