"I had taken the longest way, it is a road of cheater "
In recent years, appeared socially the name that make use of borrows money, of executive bilk behavior " cover a road to borrow " . How should the victim return the property that is cheated through legal measure?
"Cover a road to borrow " cheat the property that go how to be redeemed
[case]
Because Huang Mou is badly in need of spending money, to loan of A finance company 150 thousand yuan, loan mentions expressly on loan contract 150 thousand, can take 130 thousand yuan actually at that time only. When the reimbursement deadline at the expiration of one's term of office of 3 months, huang Mou contacts finance company reimbursement, but the agency person or of the other side does not pick up the telephone, or says he is away on official business outer.
When Huang Mou finds agency person finally, its pretend systematic occurrence breakdown cannot deal with reimbursement formalities again. A finance company adopts afore-mentioned all sorts of trick, measures, bring about Huang Mou cannot on schedule reimbursement, lend this collection penalty due to breach of contract, poundage, high specified number accrual, a house that brings about Huang Mou finally also compensate go in. Recently, police classics put on record is investigated, cognizance A finance company is " cover a road to borrow " guilty gang. So, how should Huang Mou want to reply the house that is cheated?
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Alleged " cover a road to borrow " , it is to show what stem from detinue other belongings for the person all right is intended with the purpose, wrapping around civilian leasehold appearance, adopt empty to increase debt, falsify the passport such as charge of high specified number of evidence, baleful production break a contact, collection, pass next false suit, threatening press for payment of debts wait for means to demand repayment, the behavior of property of illegal embezzlement other, it is a kind of new-style illegal criminality that belongs to bilk property. Say to get straight white spot, "Cover a road to borrow " not be for loan, however to cover a region, for detinue other belongings.
Our country " criminal law " the 64th regulation:
"The criminal violates all property of earning, ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken; To the lawful belongings of the injured party, ought to return in time still; Contraband and him property that use for guilty place, ought to give confiscate. Ought to give confiscate..
" top people court about applicable < criminal procedural law > explain " the 139th regulation:
"The accused person detinue, deal with of belongings of the injured party, ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken lawfully. The injured party mentions of accessary and civil suit, people court does not grant to accept. The circumstance of pursue and wipe out, pay compensation for what one has unlawfully taken, can regard clue of measurement of penalty as the consideration.
In this case, huang Mou's house property is passed by A finance company " cover a road to borrow " means possess oneself of, ought to by handle a case mechanism is returned after pursue and wipe out lawfully return Huang Mou. After if A finance company is in,owning house property, sell unwitting with pair of fair, reasonable price the 3rd person, criterion this the 3rd person belongs to kindness to obtain, handle a case mechanism has no right again pursue and wipe out this house property. But the loss that Huang Mou suffers with respect to place of this house property, ought to be in charge of compensating for by A finance company.
"Cover a road to borrow " cheat the property that go with false suit
Can want to answer through appeal
[case]
In July 2017, qu Mou to B leasehold company borrow or lend money 50 thousand yuan, deadline 6 months. Leasehold company is passed sign contract of yin and yang, expire not to receive the measure such as reimbursement, bring about Qu Mou to want finally to return 200 thousand yuan of principal and interest and penalty due to breach of contract to wait, both sides produces issue for this.
June 2018, b leasehold company sues a court, the court adjudicates leasehold company wins the lawsuit. Recently, b leasehold company is hunted down by police and maintain belong to " cover a road to borrow " guilty gang, very apparent, foregoing lawsuit should belong to false suit. How should Qu Mou want to answer leasehold company to lend forensic hand gotten money?
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False suit common says " the lawsuit that make a holiday " , it is to show party is seek profiteering, concern through dummy and concoctive fact, false law, forge the means such as evidence to mention to the court civil suit, make the court is based on this and make wrong court decision, ruling, mediation, encroach other to join the action of order of disturbed and right beneficial, normal judicatory.
On August 11, 2018 " top people court about lawfully the announcement of leasehold case of appropriate cognizance folk " point out, the criminality such as leasehold behavior of strict divisional folk and bilk. People court is in case of cognizance folk leasehold dispute, should cogent rise right " cover a road to borrow " the vigilance of the criminality such as bilk, strengthen what wait for criminality to civilian leasehold behavior and bilk to discriminate, discovery is suspected of violating guilty clew, material, want seasonable according to " top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " with " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems. Itself of civilian leasehold behavior involves illegal crime, ought to rule reject sue, move the clew that is suspected of crime, material send public security mechanism or procuratorial work office, cogent be on guard the criminal will be tortious legalization, use civil judgment hall and the belongings of embezzlement the injured party of emperor.
How should Qu Mou answer the other side to lend forensic hand gotten money?
Afore-mentioned " announcement " point out, criminal adjudicates cognizance lender is formed " cover a road to borrow " of the crime such as bilk, the become effective that leasehold dispute of common to already was being pressed folk makes people court adjudicates, ought to correct in time through ruling monitor gives. Accordingly, b is made in people court after leasehold company makes the court decision of crime of fraud or false suit blame, the people court that hears bilateral and leasehold issue before should start adjudgement monitor actively. If people court does not have what start actively, bend some to answer seasonable to lodge a complaint, be corrected by people court through rehear already the wrong court decision of become effective, redeem the loss that Qu Mou has sufferred.
"Cover a road to borrow " cover a road to uncover secret
"Borrow 10 thousand yuan to write down 200 thousand yuan of receipt for a loan however " " loan 20 thousand yuan, on final compensate a house " " ' pay 0 times ' buy a car, final within an inch of loses a family fortune " ...
Leasehold and as different as the folk that seeks profits inside the interest rate category that sets in law, "Cover a road to borrow " denounce empty in order to chase after to increase debt illegal accumulate wealth by unfair means, its are illegal criminality constitutionally.
"Cover a road to borrow " what to have after all " cover a region " , how is it to make a victim deep-set among them? How should be on guard again? Our newspaper reporter undertook investigating interviewing.
Contract of 1. yin and yang, empty builds running water, vigilant " open the door to a dangerous person "
[case 1] contract of yin and yang
In August 2016, ms. Zheng that does dress business in Hangzhou is badly in need of borrowing 30 thousand yuan, via intermediary introduction, ms. Zheng knew Zhu Mou of boss of travel of some consign for sale on commission, Wu Mou. When Zhu Mou understands Ms. Zheng under one's name to much flatlet is produced, promise to provide loan service. Ms. Zheng at once to Zhu Mou loan 30 thousand yuan, 20% what agree bail is capital, exceed the time limit everyday penalty due to breach of contract is 20% . Finally, increase the cost such as cost of cost of on 10 days of accrual, intermediary, a visit to the parents or schoolchildren or young workers, loan amount is 50 thousand yuan. But Zhu Mou asks Ms. Zheng is in loan on the amount that write down is 80 thousand yuan, explain saying this is " guild regulations " . Via living Zhu Mou's coax, ms. Zheng lot fell 80 thousand yuan multiply times loan contract, but have 30 thousand yuan actually only in one's hand.
Of the same age in September, be before repaying principal and interest, ms. Zheng again to Zhu Mou loan. Still according to " guild regulations " , loan contract is writing 250 thousand yuan, actual in one's hand 125 thousand yuan. In the meantime, the agreement renting a house that Ms. Zheng still signed to be as long as 20 years, building is vacated retreat agreement and open what lock a power of attorney serves as loan to assure for you.
The course is ceaseless " borrow fill newly old " , the debt of Ms. Zheng rolls 8 million yuan later, sold off house property to still did not go up loan.
[case 2] empty builds running water
In January 2015, live in Shanghai, xiaohang are in when friend circle sees an information: Minor of 16 years old of above wants only by a piece of Id, what reach 5000 yuan to 3000 yuan can be take to put that day borrow. The Xiaohang with experience not dark world is below the coax that puts the person such as the Fu Mou that borrow a person, Hao Mou, to Qu Mou leasehold 40 thousand yuan. The following day, qu Mou and Tang Mou with " walk along Zhang " for, give Xiaohang to make a money 160 thousand yuan through the bank, press Qu Mou to ask, xiaohang on the spot from 160 thousand in take now 120 thousand return Qu Mou, take out 35 thousand yuan to pay the Fu Mou, person such as Hao Mou as intermediary cost, xiaohang is actual only in one's hand 5000 yuan.
Although take 5000 yuan only, when some dun of the Qu after a few months, xiaohang's loan already " benefit rolls profit " went to 900 thousand yuan. Later, the house that Xiaohang is forced 1.94 million yuan to sell a value by bilk gang will return money.
Contract of yin and yang, false running water, it is bilk element is carried out " cover a road to borrow " customary maneuver. According to reporter investigation, "Cover a road to borrow " begin often with " without guaranty, 3 minutes of loan " " low doorsill, pay 0 times, 0 accrual, avoid assure " wait to have appeal extremely put borrow a condition to be temptation, victim " bite bait " hind, the criminal is met first prevail on borrower is leasehold, subsequently with " guild regulations " " poundage " " bail " wait for name, trick borrower to sign prep above place to lend money one times multiple even bill signed in acknowledgement of debt. After borrower signs an IOU, "Finance company " or turn through the bank Zhang, trick borrower to take a money and detain partial cash; Or putting the find an excuse when borrowing to deduct partial money, make borrower in one's hand money is apparently little at contract money.
It is no matter with " the hotspot is expended " " poundage " " behead ceases " " bail " all sorts of money that wait for name to deduct, still make the ready money that bank running water withholds through empty, these became income of bilk gang bilk " the first pail of gold " . Hangzhou city public security bureau faces the substation that bring a district when Yao Haiyun of assistant director of police station of bright and beautiful city accepts a reporter to interview, express, bilk element lets a victim sign outclass place to borrow the contract of money, hold back one share cash next, it is for the capital of utmost recapture loan on one hand; It is to use what the victim signs to turn over times receipt for a loan on the other hand, prepare for follow-up executive bilk.
2. is missing intentionally, wanton maintain, make " break a contact " set the road is much
[case 1] be missing intentionally
August 2016, mr Lu of Sichuan leaves some finance company in friend introduction, with his cross-country car guaranty borrows money 80 thousand yuan. Finance company ceases with deducting 3 monthly interest, stop fare etc 11000 yuan are deducted from which for relevant charge, mr Lu receives 69000 yuan actually. According to this company staff Zhang Mou asks, mr Lu made a piece of receipt for a loan -- " lend Zhang Mou cash 80 thousand yuan today, take cross-country car to serve as guaranty of one's own accord, deadline is 3 months. Deadline is 3 months..
Of the same age October, mr Lu goes the car borrows company reimbursement, discover the company was taken away however, zhang Mou " the person is outer the ground " . Mr Lu flounder finds this company and Zhang Mou later, zhang Mou all with " be absent this locality " or " dealing with formalities extraction a car " for prevaricate goes. Till January 2017 bottom, zhang Mou tells Lu the sir, because exceed the time limit shows a car already by sub-mortgage, need to pay 130 thousand yuan to be used at taking a car, include penalty due to breach of contract of 80 thousand yuan of loan, exceed the time limit among them, park fare, car cost of delivery of cargo from storage of safe, car, back and forth the multinomial charge such as artificial cost.
[case 2] wanton maintain
In December 2017, mr Jiang that is badly in need of capital finds Hangzhou via person introduction some company, the treasure carriage that uses oneself is on mortage, signed loan contract with this company. Means of oral agreement reimbursement is this company and Mr Jiang: After ceasing first this, half moon pays, deadline 4 months, terminally payment of interest 5000 yuan. On January 14, 2018, pay in Mr Jiang the 2nd period after accrual, this company exceeds with payment of interest however period 21 minutes for, break a contact of cognizance Mr Jiang, the car of compulsive and sequestered Mr Jiang, the requirement repays amount of contract of empty fast borrow or lend money 50 thousand yuan, ask for " penalty due to breach of contract " 12 thousand yuan. The boss Chen Mou of this company is applied through menace pressure, smash a car, gather a crowd make the instrument such as situation, force Mr Jiang to pay 45 thousand yuan the car redemptive.
Play be missing, shorten compulsively reimbursement deadline, wanton maintain... no matter criminal with what kind of reason prevaricate, evade, it is to let a victim " break a contact " . Yao Haiyun points out, the criminal is made " break a contact " , it is for the penalty due to breach of contract of embezzlement victim, so that farther embezzlement its belongings. "Break a contact " hind, the criminal can ask the other side is compensated for by contract agreement " penalty due to breach of contract " " poundage " etc, and these charge often compare loan amount tower above multiple count even decuple.
Dong Yuexia of judge of court of people of rich in relief division tells Hangzhou city the reporter, "Cover a road to borrow " main excuse is " you already break a contact, be in debt the perfectly justified that return money " , the criminal coerces borrower to return money with this, if borrower still does not have money, "Leasehold company " can use " smooth Zhang " means is solved. Alleged " smooth Zhang " , namely by another " small finance company " repay the money of the first company, borrower signs the debt contract of higher specified number again.
"' smooth Zhang ' the process is base high debt actually, add empty money ' sit solid ' process, such meetings make the victim's debt increasing. " Yao Haiyun expresses. Such " borrow fill newly old " , make bilk element consolidate step by step, and the victim is ceaseless by " Wen Shui boils frog " , morass of deep-set finally debt cannot extricate oneself. In the case of Hangzhou Ms. Zheng, when should investigating a policeman to find victim Ms. Zheng to understand a situation, ms. Zheng is cheated to oneself actually utterly ignorant, repay in try every means all the time even debt of high specified number.
"Cheating usurer to sign receipt for a loan is not the ultimate goal of cheater of course, the high price such as the house property that what cheater aims at is borrower, car is worth belongings, finally, bilk element can be used sign guaranty contract and prosecution way, ensure all bilk resorts can run now. " Nie Chengtao of solicitor of office of Beijing Tian Yue's attorney says.
3. false suit, ill will demands payment of a debt, "The figure is poor and dagger sees "
[case 1] false suit
Chongqing citizen flocculus in forehead of one wife and children finance company handled 28 thousand yuan of loan. This finance company with " industry established practice " " smooth Zhang " receipt for a loan of the contract of empty fast borrow or lend money that waited for reason coax flocculus to sign 63 thousand yuan, yin and yang and building business contract, made false bank running water agree at the same time penalty due to breach of contract of high specified number. Subsequently, inside 22 days of deadline hard the flocculus of reimbursement falls in lure by promise of gain of finance company intimidate, be forced to agree with this finance company to put forward " take channel " requirement, have loan ceaselessly to other company, be less than two months time, the debt of flocculus rises 422 thousand yuan from 28 thousand yuan, the building also was made guaranty is registered. Finally, this company tells the flocculus of faint reimbursement the court, flocculus is faced with auction house to repay the condition of loan.
[case 2] ill will demands payment of a debt
This year May, when the Xiaoxu that in spring of Gansu Province wine some hospital works is badly in need of spending money, receive fitly small the net is borrowed recommend a telephone call, he asked to offer 3 address book of individual identity information, mobile phone, months to communicate according to platform at once record and the contact means of leader kissing friend, apply for 1500 yuan to borrow money, the other side deducts all sorts of poundage 450 yuan, real borrow or lend money 1050 yuan. One week later, this company makes small Xu break a promise painstakingly, with everyday the empty of penalty due to breach of contract of 20% above increases debt, cause defect of small Xu Shen " cover a road to borrow " lair. In the time that is less than 2 months, xiaoxu is introduced to borrow a company to sign loan agreement with much home network by this company, pay loan principal more than yuan 100 thousand early or late, still be in debt more than yuan 180 thousand. Meantime, the net borrows a company to adopt annoy often, phone " bomb " close friends, blackmail, threaten a variety of methods such as menace force its reimbursement, xiaoxu have no way out, report a case to the security authorities to public security mechanism appeal.
The court on victim the accused, this sounds the thing of unimaginably queer, just about " cover a road to borrow " abominable place -- deliberately plan to design " legal trap " , let a victim bad luck is extended hard.
"' lend credit ' although dry is shameful thing, but because the hand holds complete evidence chain, dare inform borrower court. " Nie Chengtao says, and put lend staff from retained bank running water at the beginning, sign the strong evidence such as receipt for a loan, notarial writ, bogus creates civilian leasehold issue, evidential chain make it perfect closed circuit, make the victim is hit very hard win lawsuit.
The reporter investigates discovery, "Cover a road to borrow " criminal to demand payment of a debt do one's best, some using " phone bomb " , aperture of spoon of wall of language menace, oily paintbrush, Du Yao " weak force " ; Some is used imprison illegally, force is beaten up wait for evil method of experience black experience; Some gangs are established even " law Wu group " be in charge of making " legal trap " , the means that uses false suit carries out bilk.
To prevent activity of this kind of crime, top people court gave out an announcement to put forward a few days ago, should cogent rise right " cover a road to borrow " the vigilance of the criminality such as bilk, strengthen what wait for criminality to civilian leasehold behavior and bilk to discriminate. The announcement is clear, itself of civilian leasehold behavior involves illegal crime, ought to rule reject sue, move the clew that is suspected of crime, material send public security mechanism or procuratorial work office. Criminal adjudicates cognizance lender is formed " cover a road to borrow " of the crime such as bilk, the become effective that leasehold dispute of common to already was being pressed folk makes people court adjudicates, ought to correct in time through ruling monitor gives. Before this, the Chinese 4 branches such as the silver-colored meeting that keep watch also combine dispatch, blow of specific requirement severity is put illegally shift an activity.
"The issuance of the announcement, for next blow ' cover a road to borrow ' kind illegal crime points to clear direction, can let a criminal not only somewhat convergent, also can let masses raise vigilance in leasehold respect. " Yao Haiyun expresses.
"When everybody is handling loan, loan, should choose the financial orgnaization that has normal aptitude, or request to assist to close friends, avoid usurious, interest rate exceeds a bank multiple, in one's hand cash ' dozen fold ' , high specified number punishs breath, benefit to roll the article of Xiang Yu the Conqueror such as benefit, be sure to keep in mind loan amount not to want those who exceed his to bear at the same time ability. " Dong Yuexia suggests, if encounter " cover a road to borrow " , answer to had saved relevant evidence as far as possible, seek power of legal approach dimension as soon as possible, or call the police to police appeal.
