Recently, approval of procuratorate of people of green cropland county arrests to be suspected of the guilty suspect Liu Mou of false suit blame. First approval of our city of this case department arrest " cover a road to borrow " false suit case.
Of famous hall " cover a road to borrow " : Borrow 70 thousand yuan of receipt for a loan to write 140 thousand yuan
2016, zhu Mou of in collusion with of guilty suspect Liu Mou is put with civilian leasehold form usurious, borrow money to give Yu Mou 70 thousand yuan, but loan is written on the receipt for a loan that issues in Yu Mou 140 thousand yuan, after deducting 10 days of interest, yu Mou takes more than 67000 yuan actually. Ji Mou fastens one of security. Hind because Yu Mou is insolvent debt, guilty suspect Liu Mou, Zhu Mou reachs season to Ji Mou for many times small some begs debt, guilty suspect Liu Mou still forces season of the injured party small some signs false receipt for a loan 70 thousand yuan a piece.
Electronic horn does not demand repayment, mention to the court false suit
Guilty suspect Liu Mou, Zhu Mou is in for many times demand repayment to fall without the circumstance of fruit, take a person to hold electronic horn to arrive respectively season is young in the inn of some unit doorway and Ji Mou, the means that cries with tweeter undertakes demanding repayment, small to season of the injured party some undertake applying pressing, minatory, force its to return money. In Feburary 2018, after guilty suspect Liu Mou and Zhu Mou are consultative, with the name of lender Zhu Mou, season small some appeals to to the court, requirement reimbursement reachs accrual 70 thousand yuan. Court on March 21 open a court session hears this case, and in Liu Mou of suspect of the crime before open a court session with the RMB 140 thousand yuan receipt for a loan, prosecute the person such as Yu Mou, Ji Mou to the court, gold of requirement countervail repayment of capital 140 thousand reach accrual.
Law is not trifling matter, be afraid of offend criminal law is busy nolle prosequi late already
The person such as guilty suspect Liu Mou, Zhu Mou Ji Mou, season small after some sues a court, when seeking advice to the lawyer, the lawyer informs its behavior to may be suspected of crime. Because fear in the heart, the person such as guilty suspect Liu Mou, Zhu Mou nolles prosequi to forensic appeal at once, but when be late already, the court also discovers in cognizance process among them feline be bored with, public security scheme also gets involved this case, investigate to this record put on record.
Probation test period inside commit a crime afresh, offend penal code is strict chase after duty
Undertake inquisitor classics is examined further, discover guilty suspect Liu Mou gathered a crowd because of making in August 2017 affray blame just was sentenced to cross punishment by the court, still in probation inside test period; The person such as guilty suspect Liu Mou concerns with debt of concoctive fact, dummy creditor's rights and mention for the basis with this civil suit, impared judicatory order, enroach on others closes right increase, its behavior is suspected of false suit blame. Procuratorate of people of county of immediately green cropland is opposite lawfully approval of guilty suspect Liu Mou arrests a decision; Because guilty suspect Zhu Mou is first offence, casual offender, accessary criminal, social danger sex is not big, make the decision that form guilt does not catch to its then.
Uncover secret " cover a road to borrow "
Borrow the hide a dagger in a smile when money, the magic figures drawn by Taoist priests to invoke or expel spirits and bring good or ill fortune that urge a life follows when demanding specified amount of empty high debt general, "Cover a road to borrow " what to cover a road after all to have?
The first pace, "Loot a burning house " , coax is signed " receipt for a loan of yin and yang " . Guilty gang aims at this locality that cannot pass standard approach borrow or lend money to have group of room dweller, SOHO, undergraduate normally, the psychology that uses its to be badly in need of spending money and be on guard the characteristic coax victim of recognizant weakness is signed " receipt for a loan of yin and yang " , far outclass of amount of in relief receipt for a loan is actual loan amount, exceed a part to be smoked because of bail, poundage, the injured party takes amount of real borrow or lend money only.
The 2nd pace, "Escape by crafty scheme " , dummy evidence does not leave a mark. Sign " receipt for a loan of yin and yang " hind, guilty gang guides a victim to turn according to empty high amount to the bank Zhang, form turn after Zhang is recorded, ask the victim takes a paragraph to remand instantly the share that exceeds amount of real borrow or lend money, produce an evidence of false bank running water, partial victim still signed a house mortgage loan contract is notarial. Guilty gang receipt for a loan, turn the evidential everything needed is ready such as video of Zhang record, drawing, notarial material, show its obtain creditor's rights of empty high amount.
The 3rd pace, "Tear open east fill on the west " , violent wind of the layer upon layer debt that make the same score Zhang rises. Guilty gang often creates trap of break a contact intentionally, requirement victim is short-term inside fast reimbursement, make victim hard normal reimbursement holds its break a promise thereby, requirement its according to reimbursement of empty high amount. Because the victim is insolvent, guilty gang introduces other company " smooth Zhang " , force a victim to lend new fund old still Zhang with same technique, sign higher specified number ceaselessly " receipt for a loan of yin and yang " with debt repay a debt. The course is layer upon layer make over raise the quota, final be heavily in debt and even lose a family fortune.
The 4th pace, "Use both hard and soft tactics " , method diversity gains profit illegally. Guilty gang with be being imprisoned illegally, the violent means such as intended harm or verbal menace, eavesdrop is stolen according to, dog follow at sb' heels " weak force " means dun loan; Sign according to what master on the other hand receipt for a loan, turn the evidence such as Zhang record, notarial material mentions civil suit, final and illegal seek profit the house property that embezzlement victim mortgages.
With case commentate law
[false suit blame]
" criminal law of People's Republic of China " the 307th: Mention with concoctive fact civil suit, others of serious perhaps enroach on shuts obstructive judicatory sequence of right beneficial, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; The clue is serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Inquisitor reminds
Here, inquisitor reminds numerous people, be far from " cover a road to borrow " should notice the following:
When 1. needs borrow or lend money, borrow channel to undertake from bank or other and normal network; 2. Be in to folk when leasehold company borrow or lend money, not informal lot issues the receipt for a loan of specified amount of prep above loan; 3. Discover him body defect " cover a road to borrow " after medium civil and false suit, charge appeal can have to procuratorial work mechanism after gathering relevant evidence.
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