By " hole " 11 flatlet dense fog of deficiency of power of two years of dimension
The court carries out discovery problem, proposal party reports a case to the security authorities to police or apply for rehear
Police says to be suspected of cheating via be being checked first borrow, two ground have a view each
Guangxi news network - austral sign up for Wang Jian of reporter Wang Jining today
Liuzhou citizen deeps because the lady offers loan mortgage to assure to other, the result encountered big trouble -- the refus after usurer borrowed 5.7 million yuan of loan does not repay, the bank appeals to to the court, after adjudicating become effective, 11 house property of she and relative under one's name are faced with be auctioned by the court. Qin Nv person has answered a god to come, discover borrower has crime suspicion, at her collect relevant evidence goes hither and thither, flounder looked for bank, court and Liu Lai two ground police, but up to now the road that thought fors the time being still difficult and heavy.
Origin
Assure with 11 flatlet humanness
On Feburary 1, 2015, qin Nv person and Wang Mou sign loan cooperation agreement, by Wang Mou " borrow " 11 flatlet produce Qin Nv person praedial authority card, to mail store the bank handles mortgage loan. After Qin Nv person offers house property to assure, can obtain monthly interest to lead the interest of 1% from king somewhere according to it.
The purpose that Wang Mou borrows money for the proof, the of great capacity of Xin of city of enterprise appropriate state that shows he and Wei Mou, Zhong Mou's couple breeds limited company (company of sea of Xin of the following abbreviation) those who purchase beadhouse of pig feed, open, mountain forest to cultivate " agreement of farm collaboration framework " .
Xin sea company to subsidiary bank of city of pool of river of Inc. of Chinese postal savings bank (the following abbreviation is mailed store bank) when application gives a letter, the newspaper says this company does business to 2014 year from 2012 income is added from 1.438 million yuan reach twenty-six million four hundred and ninety-three thousand five hundred yuan, net profit is seven million four hundred and twenty-three thousand six hundred yuan. Still provided limited company of trade of laurel of Liuzhou city Wei at the same time (company of laurel of Wei of the following abbreviation) sign with Xin sea company " contract of feed purchase and sale " wait for a data.
In those days on March 18, mail store the bank is put borrow, xin sea company entrusts mail store bank, in paying the bank that opens alone to Wei laurel company account 4.6 million yuan.
After two days, the house property that Wei Mou of shareholder of Xin sea company uses Qin Nv person likewise is on mortage assure, get mail with the name that decorate store the bank borrows money 1.1 million yuan.
Mail store bank loan extends after a half moon, xin sea company controls person Wei Mou and legal representative Zhong Mou actually, hold place equity to be made over entirely. In those days in September, because of Xin sea company and Wei Mou all exceed the time limit still did not borrow money, mail store the bank appeals to to court of Jin Chengjiang district of river pool city () of court of the following abbreviation. The court is in cognizance process, mail store the bank shows Wei laurel company " contract of feed purchase and sale " , via affirming, this contract ' piece? ' signing is copy is risked.
In December 2015, company of sea of Xin of forensic court decision gives post store afore-mentioned loan principal, accrual reachs the bank retaining fee; Company of sea of the accused Xin reachs Wei Mou, cannot pay off afore-mentioned relevant liability limits, to deeping lady and relative, Wang Mou offers guaranty to assure 12 house property assume joint liability.
After civil judgment go into effect, the court enters executive phase. Forensic executive bureau is carrying out the discovery in investigation, under one's name of Xin sea company does not have any belongings, its newspaper weighs business income of a huge sum and net gain more do not check any clew, think action of Xin sea company may be suspected of crime, suggest Qin Nv person reports a case to the security authorities to police then.
However, what Qin Nv person did not think of is, next the road that reports a case to the security authorities to police is so endless.
Report a case to the security authorities
Two ground police has a view each
Qin Nv person asked acting lawyer. The lawyer takes Zhang of bank running water through tone, discover Xin sea company and Wei Mou from mail store the bank gets loan 5.7 million yuan, did not use at purchasing pig feed, open to beadhouse, mountain forest is cultivated or be decorated to wait for a project.
Qin Nv person and lawyer all think, the person such as Wang Mou and Wei Mou is fictional and false management project, provide a company false data, forge " contract of feed purchase and sale " reach decorate a contract, early or late from mail store the bank cheats 5.7 million yuan so that loan adds up to, did not use loan according to the agreement, divide up its however, embezzlement, more did not repay bank fraction principal and interest, enroach on assure add up to same Ms. Fang Qin to offer the property that assure, be suspected of contract crime of fraud. At the beginning of 2016, police station of silver-colored hill of substation of the public security austral Xian Xiangliu of Qin Nv person reports a case to the security authorities.
Silver-colored hill police station is received after reporting a case to the security authorities, undertake oral answer weighs the chief Shen Liuyi of the case, via branch of legal system of substation of ask for instructions, think not to form contract bilk.
Subsequently, qin Nv person investigates detachment to crime of economy of Liuzhou city public security bureau with same brief of a case (detachment of detect of classics of the following abbreviation) report a case to the security authorities. Controller of classics detect detachment tells a reporter, be informed via be being checked at the beginning of police, 5.7 million yuan of loan are had by Wang Mou and Wei Mou, use, use at repaying individual liabilities or " put number " (put illegally borrow) . This issues investigation case to carry at the outset with the court bright content, have bigger discrepancy.
This chief says, although this case does not form contract bilk, but the preliminary evidence that masters according to them, should be suspected of cheating shift a blame. Mail nevertheless store the bank holds the right through civil suit. Do not have in view of Liuzhou police jurisdictional, and mail store the bank did not report a case to the security authorities again, and the court does not move send police to investigate, they suggest Qin Nv person contacts mail store the bank reports a case to the security authorities to mechanism of local public security, perhaps move by the court send police to investigate.
On December 20, 2017, substation of the public security austral willow gave Qin Nv person to issue written receipt to say, its sign up for the person such as counter scale Wang Mou to be suspected of cheating clew of the crime that shift a blame, because main crime ground is mailed store the bank is in river pool city, this bureau already sent relevant material toward public security bureau of river pool city through machine important document.
Lend the jurisdictional issue of the case to cheating, controller of group of detect of classics of river of city of gold of river pool city says to the reporter, basis " program of case of conduction criminal of public security mechanism sets " (the following abbreviation " the program sets " ) , because 5.7 million yuan borrow money to turn into Liuzhou city directly, obtain the ground, conceal ground, move ground, use ground actually of guilty earning to all be in Liuzhou city, because of this Liuzhou and river pool two ground police all has jurisdictional, regard a ground connection as police, be cannot of shuffle.
This year in April the middle ten days of a month, the case clew data of Qin Nv person switchs to public security bureau of appropriate state division classics detect group, this group is right Zhang Mou of former legal representative of Qin Nv person and Wei laurel company has inquiry.
Court
Party can apply for rehear
April the last ten-day of a month, the reporter contacts mail store bank, control relevant case will be investigated at the beginning of police, made a journal to this, ou Mengxuan of this branch manager made a record one by one.
Ask about mail when the reporter store when the bank can report a case to the security authorities, ou Mengxuan replies after ask for instructions is ranking say, if police gets involved,investigate, silver-colored guild cooperates to investigate, they reserve the right that report a case to the security authorities.
This year April, forensic executive bureau is entrusted evaluate an orgnaization, to deeping lady and relative are offerred assure 11 house property were made evaluate, assure content will enter auction order. Undertake executive Judge Liu introduces: Through be being checked to circumstance of worth of Xin sea company, after discovering this company gets loan, already was made over by Wei Mou and marital Zhong Mou, do not search any belongings clew at present, because this presses become effective only,the court decision carries out the belongings of security.
The lawyer of Qin Nv person puts forward, since the court has been investigated,discover Xin sea company is current empty already shell, and Liuzhou police thinks the enterprise is suspected of cheating borrow, basis " top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " concerned regulation, court whether move guilty suspicion clew, material send mechanism of concerned public security to investigate.
To this, judge Liu expresses, as a result of judgment already become effective, and law case arrived to carry out level, the court already cannot move now send police to investigate. But party can report a case to the security authorities to public security mechanism, also can apply for review of court of on one class.
Follow-up
11 house property defer to auction
"Assure to diddle other those who apply for loan, and borrower is a purpose with detinue, should with contract bilk punish. " recently, controller of detachment of prejudication of legal system of Liuzhou city public security bureau elaborated his viewpoint.
This chief says, top people court announces criminal guidance case 352 " Qinwen make a false report registers record of bilk of capital, contract " in, top people court thinks, pass the act of the belongings of means diddle security that borrows money to the bank, apparently looking is diddle bank loan, actually of enroach on is the property rights and interests of security, guilty object is not a bank to borrow money to assure however the belongings of party of contract one party, to this kind of behavior, should with punish of contract crime of fraud. If go to be offerred for the person,repeat assure, diddle bank is other perhaps financial orgnaization borrows money, accord with loan crime of fraud make important document, behoove with punish of loan crime of fraud.
Combine Qin Nv person to sign up for case case, if can find out a humanness to be formed to 5.7 million yuan of loan " it is a purpose with detinue " , liuzhou police is OK put on record of contract crime of fraud is investigated; If be checked at the beginning of police,maintain form cheat those who shift a blame, because 5.7 million yuan of loan are,turn into Liuzhou city by the bank of river pool city, so, basis " the program sets " concerned regulation, liuzhou police is to have jurisdictional; If go to exist to use loan at for the person " put number " , basis " the Ministry of Public Security of top people procuratorate about public security mechanism administer criminal case put on record seeks the regulation that appeals to a standard (2) " concerned regulation, borrow in order to turn seek profit for the purpose, set take usury of fund of financial orgnaization credit to turn borrow other, illegal income amount is in of 100 thousand yuan of above; Or although did not reach afore-mentioned number levels, but two years internal cause usury turns borrow had sufferred administration to punish above 2 times, usury turns those who borrow, put on record chases after Yingyu appeal to.
" the program sets " return a regulation, after public security mechanism accepts a case, via examining, think to guilty fact needs to investigate criminal duty, and belong to oneself administer, via approval of chief of body of public security of prefectural class above, give put on record; Think to accord with relevant provision to be able to not grant of put on record, public security mechanism ought to be made do not grant advice note of put on record, be in accusant of service of 3 days of less than. Accusant to granting put on record decides disaffected, can apply for check to mechanism of ranking public security already, also can apply for put on record to supervise to procuratorial work mechanism. But put on record of both neither of public security mechanism, also did not issue do not grant advice note of put on record is to be not accorded with " the program sets " , they supervise and urge standard.
On May 28, qin Nv person is in wait painstakingly two years to do not have police after any echo, then to Liuzhou city politics and law appoint execute the law supervisory room undertakes complaining. Execute the law supervisory room is received after complaining material, express to will supervise and urge the circumstance of bother about case, inspect a circumstance to make corresponding processing lawfully.
As we have learned, qin Nv person refuses to obey the civil court decision that first trial court makes, in report a case to the security authorities to apply for rehear at the same time, apply for this courtyard to defer to enter auction order at the same time. Intermediate court of justice of river pool town already decided recently again put on record is examined. On June 2, qin Nv person receives the answer letter that intermediate court sends river pool to say, in view of Qin Nv person two when involve executive cases may involve bilk of bilk, loan to commit a crime, the house property that the court decides to to deeping the lady is used at guaranty defers to auction.
