In " sweep black except evil " in special accuse and denounce at a meeting, carry out through the method such as false suit " cover a road to borrow " of guilty seek sudden huge profits " money bully " the key that black vicious power is a judiciary hits one of targets. Recently, court of district of Shanghai Yang Pu is opposite " cover a road to borrow " the 3 criminal case of experience of guilty gang place undertook publicity adjudging, average per capita of 4 the accused by investigate criminal duty with crime of fraud.
Gang with " folk is leasehold " carry out crime for the name
Blessing of Yin Mou bead, Li Mou, Li Mou starts people of 4 renown the accused, kin of department of Huang Mou dragon, fellow-townsman concerns, among them much person has guilty criminal record, blessing of Yin Mou bead, Li Mou ever obtained punishment because of provoke affray blame, li Mou promotes Ceng Yin to open gambling house blame to obtain punishment and when this record record is sent, still be inside delay term of imprisonment. In recent years, personnel of get together of the accused person, gang is engaged in " cover a road to borrow " crime, with " folk is leasehold " attract the injured party for the name to its loan, evidence of production empty fast borrow or lend money, wait for means diddle gold through false suit, social influence is abominable.
Defect of person of several be murdered " cover a road to borrow " trap
In May 2016, because Wang Mou of the injured party is badly in need of capital finding Li Mou of the accused person to promote to its loan 200 thousand yuan. In normal and leasehold relation, number of receipt for a loan ought to agree with amount of real borrow or lend money, but Li Mou is promoted tell Wang Mou however, according to them " guild regulations " , wang Mou the receipt for a loan that ought to issue 340 thousand yuan, receipt. Face Wang Mou's doubt, li Mou is promoted assure to Wang Mou, its need to press principal of 200 thousand yuan of loan to put in repayment of capital 's charge to cease only can, oneself won't ask according to 340 thousand yuan of receipt for a loan its return money. After Wang Mou writes down receipt for a loan, li Mou is promoted to Wang Mou account turns Zhang 340 thousand yuan, form 340 thousand yuan bank running water. Loan arrives after Zhang, li Mou is promoted indicate again Wang Mou will turn 140 thousand yuan to its cummer account among them. Later, li Mou is promoted with " deduct interest " for, ask Wang Mou gives his 30 thousand yuan again. Final, the borrow or lend money that Wang Mou takes actually is 170 thousand yuan only, but Li Mou is promoted mastered its however " loan " 340 thousand yuan testimony material. June 2017, in the requirement Wang Mou remands 340 thousand yuan not after fruit, li Mou is promoted entrust a lawyer to be sued to court of people of Shanghai Pudong new developed area, ask Wang Mou remands 340 thousand yuan of capital and accrual, apply for to close down, froze Wang Mou property. Wang Mou discovery is cheated, report a case to the security authorities to public security mechanism then, hind by force of pressure of public security mechanism, li Mou is promoted apply for to nolle prosequi to the court.
The others in two cases, place of the accused person uses " cover a region " also with this case be exactly the same: First with " guild regulations " the injured party of the requirement that it is a name signs the receipt for a loan with tall empty, receipt, undertake according to empty tall receipt for a loan Zhang forms evidence of bank running water turning next, ask the injured party returns balance share lender again. Some returning with " behead ceases " means, requirement the injured party pays on the spot when obtaining loan alleged " accrual " , reduce the loan amount that the injured party acquires actually further, grab more and illegal profit. After waiting for loan to expire, the accused person entrusts a lawyer to wait to mention to the court according to the loan amount with high empty with running water of receipt for a loan, receipt, bank false suit, not only enroach on the property right of the injured party, the judicatory order with also disturbed normal.
"Cover a road to borrow " guilty gang is punished severely eventually by law
The court thinks via cognizance, the behavior of person of a few the accused is not civil the folk that go up is leasehold, and had formed " cover a road to borrow " crime. In " cover a road to borrow " in crime, the accused person is subjective the respect is a purpose with detinue, the of all kinds and indebted contract that impersonal aspect goes against the injured party apparently with signing, bank that make takes the dummy fact such as Zhang record or the kind that hide the fact, diddle or force the injured party to bear repay above quota compulsory, then achieves the goal that invade money through the method such as false suit. In 3 cases, the accused person cheats the injured party to sign empty tall receipt for a loan with all sorts of items, production bank running water, cause the injured party to had obtained contract place to borrow the false appearance of total money painstakingly, try through forensic court decision with the means of false suit finally embezzlement other belongings, belong to relatively typical " cover a road to borrow " crime.
In carry out " cover a road to borrow " when crime, the accused person used the dummy fact, bilk method that hides the fact already, be in again know perfectly well the case with high empty of relevant loan amount to issue concoctive fact to mention to the court civil suit, used the method of false suit, make bilk and false suit crime at the same time, answer lawfully according to punishment heavier crime of fraud convictions punishment. The share of empty fast borrow or lend money that has acquired to the accused person, the court is maintained for guilty accomplished offense; To intervening because of public security mechanism substandard bound element causes the share that the accused person fails to be obtained actually, the court is maintained for attempted crime. According to the accused person guilty fact, clue, society is endangered degree and admit one's guilt the element such as the manner, the court sentences person of 4 the accused lawfully 2 years 8 months reach the set term of imprisonment 3 years the penalty that 4 months differ, punish gold.
In recent years, yang Pu court is taken an active part in " sweep black except evil " special accuse and denounce at a meeting, penalize lawfully include " cover a road to borrow " guilty gang inside of all kinds the guilty gang that has black evil symptom of a trend, to awe and keep within limits " cover a road to borrow " positive effect arrived since crime, cogent maintained people property safety and social stability.
