"Small loan, along with borrow along with still, need not mortgage, to Zhang quick. . . . . . " Internet times is small nowhere is not in data of the small card that lends a company, conduct propaganda, also let right beside one temporarily nervous people heart is crawly. One not careful fall into " cover a road to borrow " this trap. Recently, procuratorate of people of do-nothing county of city of lake of overgrown with weeds prosecuted a such cases, some bears guilty suspect Xie Mou of 21 years old extremely " cover a region " the pressure of loan, have no way out when hold a knife to rob a taxi driver unexpectedly.
Do-nothing county detention house 2 interrogatory rooms
The leaf offers guilty suspect such-and-suchly narrate
"I about from August 2017 the portion begins in much home network leasehold platform lent a dot money, it is before raise borrowed pattern in order to borrow, borrow company loan to come out from a net first, lend the money of a company from another net again to the front of reimbursement date. Because some of leasehold platform has returned Qian Zhi hind to cannot borrow money again, borrowed idea is raised to cannot be used with borrowing later, still 20 thousand multivariate loan does not return remnant to go up. Look for a friend to borrow what cease to 3000 yuan of two only enough Fu Li, also dare not search want in the home; Finance company calls every day look for me to want money, and return browbeat I, I had been forced at that time mad, wanting to be no good grab bit of money, also do not know to want to who grab temporarily, the idea that had to grab a taxi driver " .
The case is examined
Guilty suspect Xie Mou some lends money because of insolvent net, want to return loan through plundering taximan wealth then. On November 29, 2017 23 when 6 minutes, some passes guilty suspect Xie Mou software of mobile phone of drop drop express contacts driver Wang Mou some, reach Tianjin city all right in the car when black area big temple is pressed down on the west, be in with the fruit tool carrier that carries king is such-and-such on the neck, press king is such-and-such to oneself small letter turns Zhang 5000 yuan. Some grabs guilty suspect Xie Mou after money, be in with tool carrier Wang Mou lets on some neck its drive the car point of buy of Tianjin salt water to get off, to Wang Mou additionally when get off some asked for 100 yuan to mix a mobile phone.
On December 10, 2017 before dawn 2 when make, the leaf is such-and-such in a retrievable arrow with a string attached to it of city of lake of overgrown with weeds river area bars stop money of the injured party the taxi that such-and-such place drives, both sides agrees with Xie Mou of 300 yuan of fare general some sends do-nothing county churchyard of Yan Qiao town.
4 when make, when to do-nothing county when car travel Yan Qiao is pressed down, some uses the guilty suspect Xie Mou that sits in car back row suddenly the neck with such-and-such the injured party of left hand curb, the right hand holds a knife to some carries out menace and ask to Qian Mou money is such-and-such take money, by some Qian Mou of the injured party revolts after, both sides produces tussle inside the car. In tussle process, some uses Xie Mou the right hand cut with knife general such-and-such money. Classics appraisal, some injury affection is Qian Mou slight injury.
Sue a court decision
Procuratorate of do-nothing county people with Xie Mou some is suspected of robbing a blame to to sue of court of do-nothing county people, xie Mou of final crime suspect some robs a blame to was sentenced on May 7, 2018 because of making set term of imprisonment 4 years, punish gold 6000 yuan of RMBs.
"Cover a road to borrow " main feature
The leaf in case is such-and-such, as a result of deep-set " cover a road to borrow " , cannot repay loan, be on the road of illegal crime finally. Want judgement to whether encounter " cover a road to borrow " , be about to understand 5 its main features:
Usurer external with " small finance company " name solicits the business, sign loan contract with borrower, production folk leasehold false appearance, and with " penalty due to breach of contract " , " bail " wait for all sorts of items diddle borrower to sign " contract of empty fast borrow or lend money " " contract of yin and yang " the contract that reachs contract of house property guaranty to wait to go against borrower apparently.
Trace of production bank running water, cause borrower to already obtained contract place to borrow the false appearance of total borrow or lend money.
One-sided is wanton cognizance borrower break a contact, ask borrower repays instantly " empty fast borrow or lend money " .
Amount of baleful base fast loan, in borrower the circumstance of insolvent loan falls, the introduction is other and sham " small lend a company " or individual and borrower are signed new " contract of empty fast borrow or lend money " give smooth Zhang, amount of farther base fast loan.
Soft all apply forcedly " demand payment of a debt " , often accompany have rob, invade the illegal criminality such as other residence affray of blackmail, provoke, illegally.
"Cover a road to borrow " VS " usurious "
"Cover a road to borrow " essence is one is wrapping around the solid fraud of bilk of travel of civilian leasehold appearance, with " loan " for, primary purpose is to want property of detinue the injured party. In belong to illegal criminality substantially, loan principal and accrual do not get legal protection.
"Usurious " lender hope borrower pays high specified number interest by the agreement and return gold of repayment of capital, the purpose is to get interest of high specified number. Basis " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " , the interest rate that leasehold both sides agrees exceeds annual interest to lead 36% , the accrual agreement that exceeds a share is invalid, namely usurious capital and legal interest get legal protection, exceed section of interest of legal high specified number not to get legal protection.
Sweet clew
Him youth should establish correct consumptive outlook, life view and viewpoint of value, do not want exceeding to go after his cannot susceptive high spending lives.
When you him feeling encounters " cover a road to borrow " when, ask optional stop reimbursement, and report a case to the security authorities to public security mechanism for a short while, had kept the evidence such as relevant loan contract, small letter, short message, chatting record refers public security mechanism in time at the same time, use statute protects him.
