Rule by law on the weekend reporter Liu Limin
Recently, chen Ligong gets an information from concerned branch, wang Mou is promoted be suspected of a help forging evidential blame one case, procuratorate of people of division of north of district of city of hill of Heibei province the Tang Dynasty had mentioned to the court public prosecution. His in a way loosened at a heat, the cognizance that awaits a court namely next adjudicated.
Be suspected of a help forging evidential blame, it is Chen Ligong the 2nd crime that to Tang Shan public security mechanism informs against Wang Mou to promote, the first is to be suspected of false suit blame, already on August 23, 2018 careful writtens guarantee, court of people of road north division adjudicates Wang Mou promotes the little brother Jin Mou that reachs its daughter-in-law outstanding commit false suit crime.
Chen Ligong is person of Shanxi Great Harmony, and the census register that Wang Mou promotes saves Tang Shan in Heibei city is plump and smooth-skinned area, two ground apart 500 much kilometers, how do two people produce be mixed? Is two a criminal case are informed against how to return a responsibility?
Element did not seek a range, loan 17 million yuan
The thing wants from speak of 7 years ago. April 2012, chen Ligong saved violet in relief county to buy two coal mines in Shaanxi, wang Mou is promoted at that time coal business is done in Great Harmony city, two people personal friendship is very good, talk things over through both sides, chen Ligong will among them the equity of 51% makes over a colliery to be promoted to Wang Mou, transfer pair of value 20 million yuan, promote specific managing by Wang Mou this colliery, promote because of Wang Mou after paid 13 million yuan only, two people signed the 2nd agreement again, the equity that promotes Wang Mou is adjusted for 33.15% .
Because coal industry is stagnant in those days, arrive all the time in October 2013, wang Mou is promoted throw many yuan 400 in succession, the colliery still is entered not apply goes out, run normally hard. On October 24, 2013, wang Mou is promoted taking " loan a power of attorney " look for Chen Ligong to sign, writing above: "Client Chen Ligong is entrusted suffer client Wang Mou to allow conduction borrow or lend money all matters concerned. " Wang Mou is promoted say loan is to be used at the colliery to move, chen Ligong did not want to sign more, bury next the cause of disaster at this point.
In June 2014 end, chen Ligong receives the subpoena of court of intermediate people of Tang Shan city suddenly, one calls Jin Mou outstanding person to lodge a complaint, weigh 17 million yuan to Chen Ligong managed borrow or lend money from him on November 27, 2013, conventional deadline 4 months, interest rate is monthly interest 2.5% , because expire to did not remand as agreed upon, request court sentences your the accused to repay capital reachs the accrual inside loan time limit 17 million yuan 1.7 million yuan, lead by monthly interest 2.5% pay accrual to come acquittance day.
Chen Ligong is muddled at that time, he had never heard of Jin Mou outstanding this individual, he Lai loan 17 million yuan? Couplet thinks of Wang Mou is promoted is Tang Shan's person, call to him instantly, result phone is hit from beginning to end be illogical, the course enquires to others, knew clue of a few behind the curtains. On July 3, 2014, chen Ligong saves public security bureau of violet in relief county to report a case to the security authorities to Shaanxi, think Wang Mou is promoted, Jin Mou outstanding behavior has been suspected of swindler blame.
The each other between kin turns, get turn Zhang proof
After public security bureau of violet in relief county accepts this proposal, undertake early days is investigated, record discovery through moving the bank that takes concerned party to trade, on November 25, 2013, wang Mou promotes daughter-in-law gold such-and-such to Jin Mou outstanding (the little brother with such-and-such gold) turn Zhang 2 million yuan, jin Mou outstanding promote account to turn to Wang Mou 2 million yuan, wang Mou is promoted carry Jin Mou stocks 2 million yuan again after showing some account, turn with this method metempsychosis Zhang, 11 business were conducted inside 38 minutes. Mix the 3rd day the following day, they turn back and forth between respective account with same way again Zhang, conducted 36 business again, formed 9 pieces of Jin Mou finally outstanding turn to what Wang Mou promotes paragraph proof, 8 pieces 2 million yuan, 1 piece 1 million yuan, add up to 17 million yuan.
In December 2014, public security bureau of violet in relief county writes court of intermediate people of Tang Shan city, reported findings, think Jin Mou outstanding relate leasehold issue of Chen Ligong folk in one case, party of some outstanding one party has accuser person gold forge the evidence, great suspicion that uses lawsuit to have the crime such as justice of bilk, obstructive judicatory. Already experienced run in view of civil case court, make belongings conserve ruling, immediate place a case on file for investigation and prosecution investigates public security mechanism and unsuited, public security bureau of violet in relief county puts forward " to ensure judicatory is just, be on guard occurrence misjudged case, the relevant testimony material that in investigating my bureau with respect to this case now, forms moves send expensive courtyard, deal with lawfully please " .
In original civil indictment, jin Mou outstanding did not promote Wang Mou label the accused person, but he refers turn paragraph evidence is to turn to Wang Mou to promote, have nothing to do with Chen Ligong and colliery, form do not become evidential chain, subsequently, jin Mou outstanding promote Wang Mou to forensic application increase for the accused person, and Wang Mou allows the crucial evidence that submits to the court -- " loan a power of attorney " , make shock of old make contributions not small indeed.
Chen Ligong is clear remember, he is promoted to Wang Mou sign " loan a power of attorney " textual be " client Chen Ligong is entrusted suffer client Wang Mou to allow conduction borrow or lend money all matters concerned " , but this evidence that submits a court added a paragraph of word: "Issue receipt for a loan for you, loan is used at returning Wang Mou to start equity fund and colliery pay. Loan is used at returning Wang Mou to start equity fund and colliery pay..
During lawsuit, chen Ligong ever also put forward to be opposite " loan a power of attorney " make handwriting identification, later because of a variety of apprehension give u.
Mechanism calculates instead by accident dear
On November 12, 2015, pass open a court session twice, last a period of time a year half, jin Mou outstanding accuse Chen Ligong, Wang Mou promotes first instance of leasehold issue desk terminative, court of intermediate people of Tang Shan city thinks, because money is on the move to all happen at Wang Mou,promote a relative between, jin Mou outstanding offerred evidence can't confirm its already pressed loan the agreement was fulfilled to pay compulsory, reason is right Jin Mou outstanding lawsuit does not grant to support, the court decision rejects Jin Mou outstanding litigant request, the case accepts fee 134000 yuan are assumed by accuser.
After case first instance adjudicates, jin Mou outstanding did not put forward to appeal, adjudicative become effective.
According to Chen Ligong report a case to the security authorities, substation of north of district of public security bureau is promoted to Wang Mou, outstanding put on record investigates Jin Mou, on July 2, 2018, procuratorate of road north area is suspected of committing false suit crime with two people to forensic to sue, court of road north district passes cognizance, made criminal court decision on August 23, 2018.
Court of road north district thinks, some promotes king of the accused person, Jin Mou outstanding mention with concoctive fact civil suit, obstructive judicatory order, two people behavior already all made false suit crime, admit his guilt in view of two people contrition, fasten first offence, casual offender, and have the plot that goes for narrating a crime candidly, punish lightly lawfully. Adjudicate Wang Mou is promoted, Jin Mou outstanding commit false suit crime, condemn fine respectively 30 thousand yuan mix 20 thousand yuan.
The thing did not end so far, "False suit " after the case loses a lawsuit, wang Mou is promoted according to that " loan a power of attorney " to plump and smooth-skinned division people court mentions new suit, force Chen Ligong to arrive again substation of public security of road north area reports a case to the security authorities, public security mechanism entrusts judicatory appraisal orgnaization to be opposite " loan a power of attorney " the formation of handwriting time order has identification, conclusion is: "Issue receipt for a loan for you, loan is used at returning Wang Mou to start equity fund and colliery pay " handwriting is later than time of Chen Ligong autograph, add later.
On November 9, 2018, make contributions of Xiangchen of substation of north of district of public security bureau issue put on record to inform a book, say " Wang Mou is promoted be suspected of a help forging evidential blame " one case accords with condition of put on record, now already put on record.
Recently, chen Ligong is informed from concerned respect, wang Mou is promoted be suspected of a help forging evidential blame mechanism of one case procuratorial work already to sue, remain the court tries a court decision.
"Ill will is colluded with " it is false suit blame main feature
False suit blame, it is the criminal law amendment that applies since November 1, 2015 (9) the charge that adds newly, this regulation: "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. Punish gold..
On September 26, 2018, procuratorate of top people court, top people was announced " about handling case of false suit criminal applicable law the explanation of a certain number of problems " , stipulated in the first 7 kinds should be maintained " mention with concoctive fact civil suit " behavior, mentioned among them " ill will is colluded with " , be like " collude with with ill will of one party of husband and wife, concoctive husband and wife is collective of debt " " collude with with other ill will, debt of concoctive creditor's rights concerns and with agreement of content pay a debt in kind or by labour " , the characteristic of this case, it is Wang Mou is promoted with Jin Mou outstanding ill will is colluded with, concoctive leasehold fact, impared judicatory order, and in actual life, such case common occurance.
In November 2016, city of Zhejiang province lukewarm state adjudicated first false suit a criminal case, this case is to happen on wife of brother's son and uncle body, two people are original and leasehold relation, uncle be heavily in debt, to answer other loan, they hid the fact that has paid off for the most part, wife of brother's son sues an uncle, sang an a two-man act. Final wife of brother's son is sentenced set term of imprisonment 1 year, 1 year 6 months punish probation gold 30 thousand yuan, the uncle also is sentenced the set term of imprisonment punishs gold.
December 2017, when Beijing adjudges false contentious case, sound a little absurd, small Cao Bumu of Laocao and son, to will die wife change the name of owner in a register of house property of under one's name arrives oneself under one's name, the son does not deserve to close, he looks for a person to pretend to be son Xiaocao, collude with rise, two people engage in a lawsuit to the court. Take civil mediation postscript, laocao without a stop is taking false son to do procedure of house property change the name of owner in a register. Final, laocao is sentenced set term of imprisonment 9 months, punish gold 5000 yuan, its express to take on the court sentence, do not appeal.
