Recently, a mountainous area court checks gain of Zi rich city lawfully the group of crime of 4 people vicious power such as Wang Le is suspected of be being imprisoned illegally, first instance of a criminal case of affray of blackmail, provoke is adjudged publicly. The charge that the court charges to area procuratorate gives entirely maintain, with be being imprisoned illegally, blame of affray of blackmail, provoke, count a blame and punish, sentence guilty group set term of imprisonment of first member Wang Le punishs gold 8 years; To the others Wei Jianhua of 3 backbones member, Sun Bin, Zhang Zhijiang, go according to what its commit a crime severally, be sentenced a year to differ to 7 years respectively the set term of imprisonment punishs gold. Person of each the accused is taken on the court entirely sentence, express not to mention appeal.
Manage usurious accrual illegally to be 10 thousand yuan daily 400 yuan
On November 25, 2013, wang Le of the accused person is registered establish trade of classics of Zi Bo Mou limited company, pursue each business such as communication equipment, water pump. Since May 2017, the person such as Wang Le begins the scope of operations that via trade with Zi Bo Mou limited company is main spot to exceed approve to be engaged in " usurious " business.
Through the mobile phone small letter extends advertisement and acquaintance introduction, the business of the company had improvement very quickly. Have small the person of capital requirement can find a company actively or the phone contacts them; Also have the person that asks to lend money to the company via person introduction, they can give introducer every sums cost of nearly 1000 yuan introduction of high specified number commonly. But before every leasehold person is taking borrow or lend money, must deduct a week interest ahead of schedule first below, at the same time " agreement " accrual is 10 thousand yuan daily 400 yuan, compulsive the injured party is not returned with exceed the time limit daily 10% " fine for delaying payment " items writes down apparently adverse receipt for a loan.
"The job " in by Wang Le specific and responsible put borrow manage, property and constituent management, wei Jianhua, Sun Bin serves as urge the member that close, put the member that borrow, zhang Zhijiang serves as common staff member, formed gradually it is first member with Wang Le, the person such as Wei Jianhua, Sun Bin, Zhang Zhijiang has an organization to participate in usury to put the group that lends behavior.
Force demands repayment press for payment of debts imprison beat up break up hair is naked according to
Because do not have seasonable reimbursement, use gules paint gush to write on wall of the corridor outside marine door of Jiang of the injured party actually " Jiang Haiyang returns money " model of written characters! This is in only Hong Kong and Taiwan piece li of camera lens that often appears, appeared in dweller building last year in March.
Original, on January 15, 2018, shi Liang borrows to Wang Le usurious 5000 yuan, by the injured party Jiang Haiyang is agreed as security accrual is daily 200 yuan, do not return with exceed the time limit daily 10% " fine for delaying payment " items lets Shi Liang write down the receipt for a loan that goes against Shi Liang apparently, shi Liang misses after. On March 10, 2018, accrual of capital, high specified number is asked for in Home Jiang Haiyang is being gone before Wang Lean of the accused person discharges Wei Jianhua, " fine for delaying payment " add up to 48300 yuan. Then Wei Jianhua uses the means that goes back on his word not to go in Home Jiang Haiyang to demand payment of a debt, in sending a person to will send to Home Jiang Haiyang from spray paint, minatory he says: "Want money later again is not so simple. " to in the evening 20 when make, the policeman after Jiang Haiyang calls the police goes out alarm to the spot, wei Jianhua takes away 5000 yuan of capital to leave then. On March 11, 2018, because Wei Jianhua continues to ask for high specified number to Jiang Haiyang accrual and " fine for delaying payment " not if really, appeared then the one act of begin.
Silver coin besides Jianghai outside this the injured party, come from July 2017 since March 2018, many the injured party such as Wang Xinhua, Gao Juan, Xu Chuanda, Yue Zengjiang, also borrow to Wang Le of the accused person early or late usurious 10 thousand to 50 thousand differ. Because these the injured party expire faint reimbursement or lose connection, there is an organization for many times to use after Wang Lexian of the accused person imprison, beat up at will wait for force method and send out naked according to minatory, fuel injection lacquer, verbal menace, mobbish, dog continuously wait for a variety of weak force methods to undertake demanding repayment, press for payment of debts.
With the group of vicious power crime that Wang Le heads, shift business through be engaged in usury illegally in order to invest the name of the company putting the criminality that hand-in-hand travel force demands repayment, make the injured party produces psychological fear, form to enforce into psychology not only, disturbed badly order of the job with regular the injured party, life, to be not do evil, common people of bully and oppress, order of life of disturbed and normal economy, society, cause abominable social effect.
Case Guo Jianliang of chief procurator of procuratorate of a mountainous area people undertakes and appear in court by rich supportive public prosecution, han Jiang of dean of division people court holds the position of a presiding judge. This case is to sweep not only black rich is a mountainous area since working except evil special accuse and denounce at a meeting first law check the two cases that grow to walk on duty with front courtyard, also be this area cases of first group of vicious power crime.
Inquisitor commentate law:
Loan 10 thousand yuan, one year accrual does not suffer law more than 3600 yuan to protect
As the development of socioeconomy, folk is leasehold exist generally not only, and the tendency that still has ceaseless development. The doorsill that borrows money as a result of folk is general on the low side, most person often can choose civilian loan, but its accrual that is high specified number however rear, to Everyman reimbursement risk is very big.
Top people court " about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " the 26th regulation: The interest rate that leasehold both sides agrees did not exceed annual interest to lead 24% , lender requests borrower to pay interest according to conventional interest rate, people court should grant to support. The interest rate that leasehold both sides agrees exceeds annual interest to lead 36% , the accrual agreement that exceeds a share is invalid. Borrower requests lender to return the interest that returns prepaid to exceed annual interest to lead 36% parts, people court should grant to support.
That is to say, if loan 10 thousand yuan word, one year highest accrual is 2400 yuan, law is to give support and protect; If accrual is in 2400 -- 3600 yuan, support of legal both neither also is not protected, talk things over by oneself by leasehold both sides solve; If accrual exceeds 3600 yuan, exceeded partial law does not grant to support.
In recent years, because of usurious those who cause is illegal imprison, force demands repayment incident happens from time to tome, inquisitor warns broad citizen, should know adequately usurious with normal folk's leasehold distinction, deal with leasehold business to must arrive normal finance orgnaization, not credulous so called " of all kinds borrow money without guaranty " advertisement; Want to read relevant contract article carefully, encounter " clause of Xiang Yu the Conqueror " , for instance in one's hand cash " dozen fold " , accrual of high specified number, benefit rolls the article such as benefit, want to refuse stoutly; Be in with finance company contact with when, want to gather relevant evidence information, once be browbeaten by utterance or person, should call the police in time appeal. (Average per capita of person of the accused in article, be murdered is alias)
(does neat Lu Wan sign up for? Liu Han of Teng Jian of Cui Yan of cloud of cloud of horse of reporter of dot of neat Lu Yi's reporter's trainee)
