May 31, 2010
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No. 2 of Six Representative Cases of Legally Punishing Fraud Crimes in Areas Related to People's Livelihoods: People v. Li [REDACTED]feng for Fraud— Fraudulently creating dual household registration and repeatedly receiving pension insurance benefits
最高人民法院发布6件依法惩治涉民生领域诈骗犯罪典型案例之二:李某风诈骗案——骗建双重户籍重复领取养老金
【法宝引证码】
  • Legal document: Ruling
  • Judgment date: 02-21-2025
  • Procedural status: Trial at Second Instance
 
  
No. 2 of Six Representative Cases of Legally Punishing Fraud Crimes in Areas Related to People's Livelihoods: People v. Li [REDACTED]feng for Fraud 最高人民法院发布6件依法惩治涉民生领域诈骗犯罪典型案例之二:李某风诈骗案
— Fraudulently creating dual household registration and repeatedly receiving pension insurance benefits ——骗建双重户籍重复领取养老金
 
1. Basic Facts (一)基本案情
Defendant Li [REDACTED]feng joined a state-owned enterprise in Hebei Province in 1976. He was later transferred to a subsidiary of the state-owned enterprise in Shanghai Municipality and the state-owned enterprise continued to pay his social insurance premiums. Meanwhile, he also worked for several companies in Shanghai Municipality. In May 1997, he transferred his household registration to Shanghai Municipality through a talent introduction program by Shanghai [REDACTED] Company. In July 1998, Li [REDACTED]feng applied to the Shanghai Municipal Public Security Bureau for modifying his household registration information on the ground that his birth date was incorrect, thereby obtaining new identity information. While working in Shanghai Municipality, he used the new identity and Shanghai [REDACTED] Company also paid social insurance premiums for him. However, he concealed the above-mentioned fact, allowing the state-owned enterprise in Hebei Province to continue paying social insurance premiums for him. In July 2010, by concealing the fact that his household registration had been transferred to Shanghai Municipality and his personal identity information had been modified, Li [REDACTED]feng filed an application with the public security organ in Hebei Province and obtained a book of registered permanent residence and ID card at the original place of registration. At this point, Li [REDACTED]feng obtained dual household registration in Hebei Province and Shanghai Municipality. In July 2012, Li [REDACTED]feng applied for retirement from his original employer by using the household registration and identity information in Hebei Province and received pension benefits in a total amount of over 600,000 yuan from August 2012 to May 2024. In May 2017, he applied for retirement by using his household registration and identity information in Shanghai Municipality again and received pension benefits in a total amount of over 500,000 yuan from June 2017 to May 2024. 被告人李某风于1976年入职河北省某国企,后被调至该国企在上海市的下属单位,仍由该国企为其缴纳社会保险金。同时,李某风还供职于上海多家公司,并于1997年5月经上海某公司以人才引进方式将户籍迁入上海市。1998年7月,李某风以本人出生年月有误为由向上海市公安机关申请修改户籍信息,从而获取新的身份信息。李某风在上海工作期间,使用新身份由上海公司为其另行缴纳社会保险金,但李某风隐瞒上述事实,致使河北省某国企仍继续为其缴纳社会保险金。2010年7月,李某风向河北省公安机关隐瞒其户籍已迁至上海市并更改身份信息的事实,补办了原户籍地的户口本、身份证。至此,李某风取得了河北省、上海市双重户籍。2012年7月,李某风以河北省的户籍身份信息在原单位办理退休,8月至2024年5月领取养老金共计60万余元。2017年5月,李某风以其在上海的户籍身份信息再次办理退休,6月至2024年5月领取养老金共计50万余元。
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