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No. 5 of Six Model Cases Involving Crimes of Elderly Care Fraud Published by the Supreme People's Court: People v. Li Xiaolei —Committing the crime of fraud under the guise of applying for pension insurance on behalf of the principals (case of fraud)
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最高人民法院发布6起重点打击六类养老诈骗犯罪典型案例之五：李晓雷诈骗案——以代办“养老保险”为名实施诈骗犯罪
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【法宝引证码】
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No. 5 of Six Model Cases Involving Crimes of Elderly Care Fraud Published by the Supreme People's Court: People v. Li Xiaolei (case of fraud) | | 最高人民法院发布6起重点打击六类养老诈骗犯罪典型案例之五：李晓雷诈骗案 |
| —Committing the crime of fraud under the guise of applying for pension insurance on behalf of the principals | | ——以代办“养老保险”为名实施诈骗犯罪 |
| I. Basic facts | | 一、基本案情 |
| Defendant Li Xiaolei, male, Han nationality, born on September 12, 1988. | | 被告人李晓雷。 |
| Defendant Li Xiaolei was originally a temporary employee of an urban social security department and was later fired. In 2018, Li Xiaolei was acquainted with Wang Fei (subject to disposition in a separate case), and Wang Fei requested assistance from Li Xiaolei in applying for the pension insurance for urban employees, after acquiring knowledge that he had worked with the social security department. Li Xiaolei falsely claimed that he could apply by affiliations with an enterprise with knowledge that he was incapable of assisting others to retrospectively pay pension insurance for urban employees, and was facilitated by Wang Fei in defrauding eight victims including several elderly persons of more than 1.07 million yuan, under the guise of assisting others to apply for pension insurance for employees and receive the benefits of pension insurance for employees, among others; the money stolen by fraud was appropriated to individual use, except for a very small amount of money paid for pension insurance for flexibly employed persons on behalf of the victims to gain their trust. After exposure of the case, Wang Fei compensated part of the victims for economic losses. | | 被告人李晓雷原系乡镇社保部门临时工作人员，后被开除。2018年，李晓雷结识王某（另案处理），王某得知李晓雷曾在社保部门工作，提出帮忙办理城镇职工养老保险的请求。李晓雷明知无能力帮助他人办理补交职工养老保险，仍谎称可通过挂靠企业的方式办理，并通过王某介绍，以帮助他人办理职工养老保险、可领取职工养老保险金等为名，先后骗取包括多名老年人在内的8名被害人107万余元，所骗钱款除极少数为被害人缴纳灵活就业保险以获取被害人信任外，其余均用于个人挥霍。案发后，王某退赔部分被害人经济损失。 |
| ．．．．．． | | ．．．．．． |
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