text/Jin Weijing's reporter Zhang Hongyu
opened a moxibustion shop, looking for someone to pretend to be a Chinese medicine expert to sit in the hall, screened out old people with wealthy families, and deceived them to the moxibustion shop. The price is determined according to the economic conditions and consumption capacity of the elderly, and ordinary Chinese medicinal materials are made into "proprietary Chinese medicine" falsely claiming to contain precious medicinal materials, and sold to the victims at high prices, defrauding 9 elderly people with a total of more than 300,000 yuan... Recently, Baoshan District, Shanghai The People's Procuratorate handled a case of fraudulent medical expenses under the guise of a Chinese medicine expert for diagnosis and treatment.
Review the case file
"Spirit doctor" visits a moxibustion parlour
In August 2019, Grandma Hu, who was in her 80s, often received calls to sell whole grains, and even drove her to pick her up at a moxibustion parlour. The moxibustion hall has health lectures for the elderly, and Grandma Hu got acquainted with the manager Ping of the moxibustion hall. At that time, Manager Ping introduced their company's health management service agreement to Apo Hu, promising to take the elderly to see a doctor every year, and also provide some convenient services such as registration on behalf of others. Apo Hu paid 8,980 yuan and signed a three-year agreement. During this period, Grandma Hu used the service several times. Every time the company would send someone to accompany her to the hospital to see a doctor, she felt that the service was good.
In November 2020, Manager Ping told Apo Hu that a Chinese medicine master "Master Ji" came to the moxibustion center, who was "contemporary Li Shizhen ", and then sent someone to pick up Apo Hu and his wife to the moxibustion center. On the way, the staff introduced "Master Ji" to Apo Hu and showed him a video introduction.
After Apo Hu and his wife arrived at the moxibustion hall, Ye Moumou introduced to everyone that there is no disease that "Master Ji" does not like in the world, and he described the medical skills of "Master Ji" as hype. Grandma Hu was skeptical. "Master Ji" gave Mrs. Hu a pulse first, saying that Mrs. Hu was in pain all over her body. As soon as Mrs. Hu heard that she was right, she quickly told "Master Ji" about her condition. "You can be cured by prescribing a pair of traditional Chinese medicine. Don't worry, the patients with serious illness are favored by Chinese medicine, and there will be no recurrence." Afterwards, "Master Ji" took a pulse on the husband of Grandma Hu, saying that the brain was blocked. It's amazing, and you'll be fine after 3 months of Chinese medicine. As for the price of traditional Chinese medicine, I didn't mention it, I just asked Grandma Hu and the others to come back for a follow-up visit in 3 months.
Afterwards, Manager Ping took Hu Apo and his wife into the car. In the car, Manager Ping said that they would be prescribed Chinese medicine for 6 months and 3 months respectively, costing a total of 49,700 yuan. When Grandma Hu heard that it was so expensive, she raised a question. Manager Ping explained that the medicine was effective and that "Master Ji" went outside to pick it up. Hearing that Granny Hu said she had no money, Manager Ping asked Granny Hu to pay half of the money first. Grandma Hu proposed to discuss with her son, but Manager Ping hurriedly asked her to come up with 30,000 yuan. As soon as Granny Hu got home, Manager Ping called and urged him to pay the next day. The more she thought about it, the more wrong she became. She consulted with her son, and he took her to the police station to call the police.
The police found that the "Master Ji" who was in the moxibustion hall and the precious medicinal materials were actually traps.
's elaborate scam
Why do old people believe in "Master Ji" so much? Grandma Liu, who was defrauded of nearly 50,000 yuan, said that she and her husband originally went to the hospital to see a doctor, but Manager Ping said that "Master Ji" was better than the hospital. He only saw a few patients and left the next day. After "Master Ji" takes the pulse and sees the tongue coating, you can tell what is wrong.
But in fact, "Master Ji" is just a pharmacist. During the trial, he said that he taught Chinese medicine by himself and worked as a barefoot doctor , not a scam.
After accepting the case, the prosecutor found that the case involved professional issues in the diagnosis and treatment of traditional Chinese medicine. In response to "Master Ji"'s defense that he had certain knowledge of traditional Chinese medicine, he decided to conduct an investigation.
To practice Chinese medicine, you need a Chinese medicine doctor qualification certificate and a Chinese medicine doctor practice certificate, and you need to register with the local health and health commission for the record. Generally, you cannot practice in other places. Pharmacists do not have prescribing authority. General health care centers are not allowed to invite Chinese medicine practitioners.
In fact, in the process of "Master Ji" sitting in the clinic and prescribing medicine, there are still some behaviors that violate the norms of traditional Chinese medicine. For example, many deceived elderly people report that "Master Ji" usually prescribes medicine for several months at a time, at least 3 months. Moreover, after "Master Ji" wrote the prescription, he neither gave it to the elderly nor allowed them to take pictures. He said that he would send the prescription to the moxibustion center and send it to the elderly together with the traditional Chinese medicine, but the elderly never got it. In fact, the prescriptions prescribed by traditional Chinese medicine are required to be disclosed. Generally, 14 medicines are prescribed at a time. At that time, the prescriptions need to be adjusted according to the patient's condition, and cannot be prescribed at one time.6-month supply.
Since "Master Ji" is not a traditional Chinese medicine, why can he accurately tell the condition of the elderly through the pulse? When the prosecutor reviewed the case file, they found that this was a scam planned by "Master Ji" in cooperation with the owner of the moxibustion shop, Ye.
Boss Ye used the team led by his subordinates Manager Ping and Director Meng to contact the elderly guests by phone to learn about the guests' illness, the situation of their children, and their economic conditions. Through screening, elderly people with the characteristics of being older, having a wealthy family, having a history of large-amount consumption, and having children who are not around are selected as fraud targets. Afterwards, the elderly patients were deceived into the moxibustion hall by designing conversation skills, repeatedly making phone calls, and arranging door-to-door pick-up and drop-off. After
has mastered the basic situation of the old man, "Master Ji" can accurately tell the condition of the old man when he takes the pulse. In order to make "Master Ji"'s medical skills appear "superior", Boss Ye suggested: "Don't ask first when you come up, take the pulse first, name a few diseases, and then ask, and adjust the order of 'seeing, hearing, asking, and cutting'."
"Ji The medicines prescribed by "Master" are actually ordinary and common Chinese medicines, but the prices are very high. How to price? Boss Ye and "Master Ji" "tailor-made" the price of traditional Chinese medicine according to the family economic situation of the elderly. "Master Ji" explained that the price of the traditional Chinese medicine decoction they customize for customers is 20,000 to 40,000 yuan for 3-9 months, but the general Chinese pharmacy only needs a few thousand yuan for dispensing. If the guest's economic situation is good, they can "pit" a little more money.
That's it, Boss Ye, "Master Ji", Manager Ping and others defrauded 9 elderly people in this way with a total of more than 300,000 yuan. After the incident, Boss Ye and others refunded the losses of all the elderly victims.
The Baoshan District People's Procuratorate held that upon review, Boss Ye, "Master Ji", Manager Ping and others, for the purpose of illegal possession, fabricated facts, concealed the truth, and defrauded other people's property. The above-mentioned persons should be prosecuted for fraud. The court sentenced the above-mentioned persons to fixed-term imprisonment ranging from 10 months to 4 years and 6 months respectively for the crime of fraud.
went to the public security organ to investigate evidence and discuss the case
published an apology + civil compensation
At the same time, the public interest prosecutor of the Baoshan District People's Procuratorate found in the case that Boss Ye, Manager Ping, and their company violated the law and violated the law. The rights and interests of certain elderly consumers are harmful to the public interests of society. In addition to the corresponding criminal liability, it should also bear the civil liability for tort. Therefore, the public interest prosecutor decided to investigate the case and then file the case. However, in view of the fact that after this case, Boss Ye and others have refunded all the compensation to the 9 victims, and the business hours were short, they did not cause obvious damage to the elderly, and the parties also sincerely repented for the civil infringement caused. After comprehensive consideration, the Baoshan District People's Procuratorate and Ye Boss and others conducted civil negotiations on the basis of equality, voluntariness, and lawfulness, and witnessed by representatives of the Baoshan District People's Congress and the court's public interest litigation observers. In the end, the two parties reached an agreement that Boss Ye, "Master Ji", Manager Ping and others, as well as their company, violated the law, violated the rights and interests of unspecified elderly consumers, and harmed the public interest, and should bear civil liability. They sincerely repented of the civil infringement, took voluntary remedial measures, and made a public apology on the Shanghai-level media.
A few days later, a public apology letter was published in the newspaper: "We sincerely apologize to the public, and I hope everyone will take a lesson from it. We promise to strictly abide by the law in the future and never commit any more crimes." At the same time, they made certain actions to the victims. civil damages. The prosecutor who undertook
said that this was a typical fraud case in which the elderly were defrauded of money in the name of practicing medicine. This "contemporary Li Shizhen" is just a pharmacist who doesn't even have a practicing doctor's qualification certificate. He made up a secret recipe for treating intractable diseases, tricked the elderly into believing them, and spent tens of thousands of yuan on so-called "precious medicinal materials" that cannot be bought in hospitals. . They take advantage of the particularity of the medical industry and the fact that the elderly are eager to seek medical treatment and have weak ability to discern and other characteristics to illegally accumulate money. Prosecutor
reminded that the particularity of the medical industry should not be a protective umbrella for those with ulterior motives, nor a fig leaf for illegal accumulation of money.
Traditional Chinese medicine has been inherited for thousands of years, with its unique medical laws and industry norms. Here, I will teach you the "five looks" to identify the qualifications of a sitting doctor: look at the signboard of the pharmacy. The pharmacy must hang the medical institution practice license of "XX Pharmacy XX Traditional Chinese Medicine Clinic"; the second look at the doctor's practice certificate. Must have been registered as a doctor and have been engaged in clinical work in medical institutions for more than 5 years.Traditional Chinese medicine practitioners in the category of traditional Chinese medicine; three look at the facade. A Chinese medicine sitting hall clinic must have an independent clinic with an area of no less than 10m2 and be equipped with corresponding diagnosis and treatment facilities; four look at the price. TCM clinics in the hall must publicize the charges for diagnosis and treatment in a prominent position; TCM practitioners in the hall can only provide prescription services for Chinese herbal decoction pieces, and cannot exceed the scope of practice.
asks elderly friends to be more vigilant and enhance their awareness of prevention and identification. If suspicious clues are found, report them to the relevant departments as soon as possible.
