People’s Procuratorate of Shehong County, Sichuan Province
Indictment
No. SPCL (2009) 097
Defendant Zhou, Yongjun, a./k./a. Zhou, Yazhou, male, born on September 15, 1967 in Pengxi County, Sichuan Province. Zhou is an ethnic Han Chinese, and his identification number is 11010819670915631X. He received undergraduate education and his recorded address in his household registration book is Unit 3-5, 39 South St., Chicheng District, Pengxi County, Sichuan. On April 10, 2009, he was detained by Shenzhen municipal Public Security Bureau as a suspect of committing fraud. On May 8, 2009, he was arrested by Suining municipal Public Security Bureau, with the order of arrest approved by Suining People’s Procuratorate.
The investigation of this case was completed by the Public Security Bureau of Suining, and it was determined that defendant Zhou, Yongjun is suspected of committing the crime of fraud. The case was refered to Suining City People’s Procuratorate on July 7, 2009 to review for pending prosecution. The Procuratorate appoints this court for prosecution. This court received the case, questioned the defendant according to the law, has heard the opinions and defense of the defendant and his representative, and reviewed all the materials pertaining to the case.
It has been determined according to the law:
On May 8, 2008, Defendant Zhou, Yongjun fraudulently used the name Wang Xingxiang to have sent a letter in to Hong Kong Hang Seng Bank, requesting the bank to transfer 4 million Hang Kong Dollars in Account 239-082258 (0002) belonging to Wang Xingxiang at the said bank into Account 031027915031 at HSBC’s Australian Branch. On May 19, 2009, Defendant Zhou, Yongjun once more fraudulently used Wang Xingxiang to have requested via a letter to Hong Kong Hang Seng Bank for a wire transfer of 2 million Hong Kong dollars from Account 239-082258 (0002) at the said bank into Account 89730410 at Citibank’s Hong Kong Branch. On May 24, 2009, since the Defendant Zhou Yongjun saw the said two transfers were unsuccessful, he once again fraudulently used the name of Wang Xingxiang to send postal letters to Hong Kong Hang Seng Bank, requesting that the bank send 4 million Hong Kong dollars in Account 239-082258 (0002) at the said bank into Account 031027915031 at HSBC’s Australian Branch and also requesting that the said bank to transfer 2 million Hong Kong dollars from the said account into Account 89730410 at Citibank’s Hong Kong Branch. Since the signatures did not match with the record, the requests were denied.
On October 1, 2008, Defendant Zhou Yongjun used a Malaysian passport with Wang Xingxiang’s name, attempted to enter Hong Kong, and was detained by Hong Kong’s Immigration Affairs Bureau.
The evidence admitted in support of the said facts includes: physical evidence, correspondence, expert opinions, testimonies from witnesses and the defendant’s personal confession, etc.
This court has determined that Defendant Zhou Yongjun has committed fraud, and the amount is considered very significant. The deeds have violated the statutes stipulated Article 266 of Criminal Law of the People’s Republic of China, and have committed the crime of fraud. The expected outcomes were not fulfilled due to causes unrelated to his original intent, which conforms to Article 23 of Criminal Law of the People’s Republic of China and should be considered criminal attempt. The facts pertaining to his crime are clear and recognized, the evidence sufficient, and his criminal liabilities should be prosecuted under the crime of attempted fraud. According to the statutes in Article 141 of Criminal Procedural Law of the People’s Republic of China, the case should be prosecuted according to the law.
Hereby
People’s Procuratorate of Shehong County, Sichuan Province
Acting Inspector: Hongzhi Li
Acting Inspector: Mingzhe Lan
August 3, 2009
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