In the face of the huge price difference, the criminals are crooked, and more than 1,000 tons of coke are "tanuki cats for princes"

Source: Procuratorial Daily

The market price of coke is 2,000 yuan to 3,000 yuan per ton, and the market price of gangue is only about 130 yuan per ton. In the face of the huge price difference, some lawbreakers have crooked hearts...

More than 1,000 tons of coke were exchanged for "tanuki cats for princes"

Lu Zhijian Sun Xinxin flew left

Recently, in the freight yard of a steel factory in Lianyungang City, Jiangsu Province, after a truck unloaded the coke against the wall, the sampling inspector quickly took samples from 5 different points, and the unloading, receiving and sampling inspection of the entire warehouse were being carried out in an orderly manner.

"In the past, we were 10 cars for a spot check, but after the package transfer incident, now every car must be inspected, and the number of sampling inspectors has increased from the original 6 to 12 now." In the face of the procurator of the Guannan County Procuratorate who came to check on the rectification situation, the director of the factory introduced.

All these changes stem from a "bag drama".

Manage vulnerabilities to find a way to make quick money

In June 2020, a steel factory in Lianyungang purchased coke from an energy company in Shandong and looked for transport vehicles on a logistics platform in Shandong. Wang Mou, Han Moujia and Zhu Mou registered all 4 semi-trailers on the logistics platform to grab orders, reached a transportation contract with a steel factory in Lianyungang, and took over the business.

After running a few orders, Wang and others found loopholes in the management of a steel plant. According to the regulations of a steel plant, every time the order is received, the local salesman stationed in the coke plant of the steel plant issues a loading list and a package strip, and enters the factory with the loading list to load the goods, and the salesman personally or supervises the driver to seal the vehicle with a one-time seal before leaving the factory, until the coke is transported to the steel plant, the factory staff unseals it, and the driver or other person cannot unseal the seal without authorization to prevent the goods from being exchanged.

However, in practice, the salesman stationed in the coke plant often directly handed over the seal to the driver for his own operation, and did not supervise whether the package was carried out.

At that time, Wang Mou and others were struggling to run transportation and not make money, so they moved their minds: "We might as well mix something into the coke and exchange some coke to earn some extra money..." The 3 people hit it off and thought of the idea of stealing coke with coal gangue. Gangue is a solid waste discharged during coal mining and coal washing, with a low carbon content and cannot be burned, if a small amount is mixed in coke, it is difficult to distinguish by the naked eye alone. It is understood that the market price of coke is 2,000 yuan to 3,000 yuan per ton, and the market price of coal gangue is only about 130 yuan per ton, and the profit obtained by earning the difference is quite considerable.

In July 2020, three people rented a cement factory on the outskirts of Zaozhuang City, Shandong Province, as a "transit station", hired Zhang, Li and Han to work in the cement factory, and arranged for Wang's brother-in-law Ma to accompany the driver to escort the car to deliver the goods. Everything was ready, and the 3 people began to implement the start-up package plan.

Late night stage "Tanuki for Prince"

After receiving the transportation order from the steel plant, Wang arranged for Ma and the driver to load the goods, and explained that the seal would not be installed for the time being. They then asked the driver to park the truck near the rented cement factory, leave the keys behind, leave to rest, and then drive the next day to deliver the goods. In the evening, Zhu drove the truck into the cement factory to unload the goods, and Han Moujia led Zhang Mou, Li Mou, and Han Mouyi to replace part of the coke with coal gangue in the factory area, and after the package was completed, the seal was installed, and then Zhu drove the truck back to its original position.

However, after the coke is transported to the steel plant, it also undergoes sampling quality inspection in the factory area. In order to successfully pass the quality inspection, Wang Mou and others put the replacement gangue in the upper position on the right side of the body when adjusting the package: "Because our unloading is tilted to the right side of the body and falls down, the goods in this position are generally unloaded at the bottom, and the quality inspection people can't see, and the coal gangue and coke are basically separated by the naked eye, and occasionally a small amount of coal gangue is occasionally sampled, which is easy to be treated as a small stone, and is generally picked out before sending it to the laboratory for quality inspection." Ma mou confessed. At the same time, in order to deliver quickly and smoothly, Ma will give the forklift driver 20 yuan each time to avoid sampling inspection.

What happens to stolen coal? Wang Mou 3 people thought that Han Moujia's father, Han Moubing, was in the coal business, and if it was handled by Han Moubing, others would not be suspicious. Therefore, they sold the transferred coke to Han Moubing at a price of 1500 yuan, and he helped to deal with the difference in price.

Wang Mou and others who tasted the sweetness gradually became bolder. In February 2021, 3 people received the business of transporting coke from a company in Xuzhou to a steel factory in Lianyungang, and after sending two or three trips normally, they repeated the same technique and intensified it, and the number of packages was increasing, which finally attracted the attention of the staff of the steel plant. After several confirmations, on April 12, 2021, a steel plant in Lianyungang reported to the Guannan County Public Security Bureau that the coke in the factory area had been transferred.

The public security organs quickly carried out a platoon, and on April 30, 2021, Ma and four drivers were arrested at the delivery site, and at the same time, Han X and Li X were arrested in Zaozhuang, Shandong, and subsequently, Wang X and Zhu X surrendered to the public security organs. Based on the confessions of the criminal suspects, the public security organs successively arrested Han Mouyi and Zhang Mouyi and brought them to justice.

On August 6, 2021, the case was transferred to the Guannan County Procuratorate for review and prosecution.

Supplementary investigation of more than 630 tons of coke was transferred to the criminal facts

During the review of the case, the prosecutor handling the case learned that Wang and others had criminal ideas as early as 2019, and had carried out the transfer package when carrying the coke purchased by a steel company in Shandong. In response to this clue, the Guannan County Procuratorate actively carried out its own supplementary investigation, combing through the driver's exit records, coke factory and steel plant weighing records, Han Moujia and Li Mou (responsible for weighing) WeChat reconciliation records, etc., the time and quantity of the crime were identified one by one by the criminal suspects, fixed in the form of a table, and together with the public security organs, made up the criminal facts of more than 630 tons of coke being transferred, seized 31.08 tons of unsold coke, and successfully recovered 400,000 yuan of stolen goods.

The procuratorial organs finally found that from August 2019 to April 2021, Wang and others had transferred more than 470 trains, totaling more than 1,480 tons of coke, and the amount involved in the case increased from more than 1 million yuan when the public security organs transferred for examination and prosecution to more than 3.5 million yuan.

In handling the case, the procurator also found that Han Moujia's father, Han Moubing, repeatedly helped to sell the coal transferred. Therefore, the procuratorial organs prosecuted Han Moubing (who is at large) in accordance with the law. At present, the public security organs have pursued him online.

On November 5, 2021, the Guannan County Procuratorate filed a public prosecution against Wang, Han, Zhu, Ma, Zhang, Li, and Han on suspicion of contract fraud, and all of them pleaded guilty and accepted punishment. Because the four drivers did not receive high salaries and did not participate in the dividends, the role played was small, and the procuratorial organs made a relatively non-prosecution decision against the 4 people in accordance with the law.

Case handling is carried out simultaneously with the establishment system of plugging leaks by enterprises

In the process of handling the case, the procuratorial organ found that the freight platform did not verify the identity information of the registered driver and the driver who actually provided the service, nor did it carry out real-time monitoring and dynamic management of the vehicle's transportation route, and did not warn the shipper after the route was changed. On November 5, 2021, the court issued procuratorial suggestions to a freight platform, suggesting that the platform take effective prevention and control measures against abnormal behaviors in the freight process from the aspects of technology and supervision, and help enterprises establish and improve the industry risk prevention mechanism. It is understood that the freight platform has installed a positioning system for the truck, and has docked with the cargo owner to improve the identification of the driver into the factory.

In order to help enterprises plug the leakage system and promote the healthy development of enterprises, on November 16, 2021, after communicating with the competent departments of the industry, the Guannan County Procuratorate issued a procuratorial reminder letter to the enterprise, in view of the problems exposed in the case, such as the use of truck seals, irregularities in receipt and inspection, combined with the lack of mechanical sampling and substantive testing found in field research, reminding enterprises to enhance their legal awareness of contract review, strengthen daily management training for enterprise employees, strengthen rule of law education, and effectively prevent theft, encroachment, Acts that infringe on the rights and interests of the company such as using power for personal gain.

"Thanks to the prosecutor for helping us recover our losses, and also going to the front line of the enterprise to give us advice." Mr. Lin, assistant general manager of a steel plant, said that the enterprise has further standardized the receipt and inspection of goods, improved the testing methods and methods, improved the relevant post system according to the reminder of the procuratorial organs, dismissed relevant violations of discipline, and carried out warning education and rule of law publicity in combination with existing cases, effectively strengthening internal management and supervision.