Unknown to his wife, Liu Wei (pseudonym) sold his wife’s house by impersonating his wife’s name and forging notarized documents. When his wife found out, he took the buyer to court, and the court ruled that The house purchase agreement was invalid, the house buyer subsequently reported the case, and Liu Wei was arrested by the police. Recently, Liu Wei was sentenced to 11 years and 6 months in prison by the court for committing contract fraud.
The public prosecution agency alleged that between September and October 2013, Liu Wei lied about having the consent of his wife, Ms. Wang, in a real estate agency store in this city, and used a forged power of attorney to sign on behalf of Ms. Wang with the victim Wu. The husband signed a house sales contract and sold the house that Ms. Wang bought before her marriage to Mr. Wu, defrauding Mr. Wu of 1.1 million yuan. Liu Wei was later seized.
The public prosecution agency believes that Liu Wei defrauded others of money during the process of signing and performing contracts for the purpose of illegal possession, and should be held criminally responsible for the crime of contract fraud.
As for the accusations made by the public prosecution, Liu Wei did not raise any objection to the facts and charges in court. His defender believed that Liu Wei used false notarized documents because he did not understand the second-hand housing transaction process and did not have the subjective intention to defraud others of their property.
Mr. Wu said that he saw the house sale information in an intermediary company, and the intermediary staff also showed him the house. Later, he and the house seller Liu Wei met in the intermediary store and signed a contract. At that time, Liu Wei said that the landlord belonged to his wife, Ms. Wang, and issued a power of attorney from Ms. Wang. Mr. Wu said that he and Liu Wei agreed that the total price of the house was more than 2.3 million yuan, with a down payment of 1 million. After Liu Wei paid off the mortgage loan, he could go through the transfer procedures. After the contract was signed, Mr. Wu paid a deposit to Liu Wei, and then successively paid another 1 million yuan.
Until one day Ms. Wang came to Mr. Wu and said that the house was her personal property before marriage and she had never entrusted Liu Wei to sell it. Afterwards, Ms. Wang sued Mr. Wu and Liu Wei to court. During the lawsuit, Mr. Wu learned that the notarization power of attorney Liu Wei produced at that time was forged, and Ms. Wang had never received a deposit of 100,000 yuan. Later, the court ruled that the house sales contract signed by Mr. Wu and Liu Wei was invalid, and Mr. Wu immediately reported the case.
After Mr. Wu reported the case, Liu Wei was captured and brought to justice by the public security organs. During the lawsuit, Mr. Wu learned that Liu Wei had used a fake notarization when selling the house.
The Xicheng Court held that Liu Wei defrauded the other party of a particularly huge amount of property for the purpose of illegal possession during the signing and performance of the contract, which violated the property ownership and market order of the other party to the contract. , has constituted the crime of contract fraud.
On the premise that Liu Wei had no actual ability to perform the house sales contract, he defrauded the victim's trust by fabricating facts and forging legal documents necessary for signing the house sales contract, and arbitrarily violated the victim's property. The victim was unable to recover economic losses due to the failure to dispose of the crime, and subjectively it had an obvious purpose of illegally possessing other people's property.
The court found Liu Wei guilty of contract fraud in the first instance and sentenced him to 11 years and 6 months in prison and fined him 20,000 yuan.
In a single thought, you lost your wife and lost your troops. Don't use your imagination to get things that are not yours.