With 950,000 yuan to seize the victims value of more than 350,000 yuan of houses; the victim in less than half a year after five base-up, the total debt from 20,000 to 750,000... Recently, the Peoples Procuratorate of Huadu District, Guangzhou City, Guangdong Province, approved the arrest of five suspects, Zhu Moumou and Lu Moumou, on suspicion of fraud.
According to the procuratorial organ, since 2016, the gang has been carrying out routine loan fraud activities in the guise of engaging in private lending, which is shocking. Up to the time of arrest, the gang has fraudulently committed 88 victims. It is amazing that the amount of money involved in the case is as high as 320 million yuan, while the actual amount of loans received by the victims is only 29.777 million yuan, which is as high as 10.84 times false.
Skillfully set up various names to exploit the principal of borrowing and lending
According to the procuratorial organs, in the routine loan fraud activities, criminal suspects usually attract potential customers under the banners of no mortgage, interest-free, quick loan, immediate account arrival, flexible loan repayment, etc., on the network platforms of Wechat, Poster Bar, QQ group, Weibo, or through various advertisements in public places, private vehicles, or even by dialing harassment. Promoting their loan products by telephone, etc.
The victim, Mr. Yang, wants to borrow 100,000 yuan. The suspect agrees, but at the same time, in order to guarantee the security of the borrowing funds, he claims that if lawsuits take place in the future, there will be lawyer fees, litigation fees and other expenditures. He requests a guarantee of 100,000 yuan in advance. As a result, the loan amount of the loan contract signed by Mr. Yang is changed into 200,000 yuan.
Journalists from the Legal Daily learned that in such crimes, the suspect would voluntarily ask the victim to sign a loan contract to create a loan illusion, which contains a deep routine: first, in the name of collecting margin false high loan amount. Secondly, it conceals illegal usury by means of blank contract, yin-yang contract and oral agreement.
In this kind ofroutine loan, the interest demanded by the suspect is generally as high as 6% to 10% per month. In some extreme cases, it even reaches an astonishing 100% per day, but these requirements will not be written in the contract. The prosecutor in charge of the case said that because the suspect knew that such an extremely unfair interest rate was not protected by law at all, he took the way of signing yin-yang contract and blank contract to circumvent the states restrictive regulation on the highest interest rate of private lending, which would not be handed over to the victim so that he could add any content as needed at any time. u3002
Finally, in the name of industry rules, we try our best to deduct the amount of loans actually obtained by the victims. After the signing of the contract, the suspect will charge hacking interest (that is, the first months interest), door-to-door service fees, loan discounts and other fees on the basis of industry rules. In fact, the amount of loans actually obtained by the victim is only about 80%. If the victim, Mr. Yang, borrows 200,000 yuan, only about 160,000 yuan is actually paid, while the interest is paid at a monthly interest rate of 6% based on the principal of 200,000 yuan.
According to the preliminary statistics of the procuratorial organs, in the suspected fraud cases of Zhu Mou-mou and Lu Mou-mou, the total amount of the suspects falsely high contract amounts to 32.275 million yuan, while the total amount of loans actually received by the victims is only 29.777 million yuan, which is 10.84 times as high as the falsehood.
Counterfeiting bank flows to cover up real loans
In the case investigated and handled by the Huadu District Procuratorate, the suspect entered the victims bank account with a bank transfer of 200,000 yuan of excessive borrowing, and immediately asked Mr. Yang to withdraw cash and return it to the victim through ATM and bank counter. If the bank is unable to withdraw large amounts of cash after work, the suspect will also adopt a disguised house arrest method to restrict the personal freedom of the victim until the goal is achieved.
Another victim, Mr. Li, was forced to invite Mr. Li to dinner and sauna on the pretext of thanking him for his work. He followed Mr. Li closely all night and monitored Mr. Li to make or answer phone calls until the next morning when the bank opened its business. Mr. Hu took out 200,000 yuan of cash on the counter and handed it to the suspect, who then gave up.
The prosecutor told reporters that the suspect adopted such a routine, that is, to make the relevant bank account transaction records or other evidence consistent with the amount of the false loan contract, causing the suspect to actually pay all the loan funds, but also for the latter stage of their possession of the victims property through false litigation made full legal preparations.
The victim, Mr. Lin, is so accused to the court. In the lawsuit, the suspects power of the previous routine is obvious. When borrowing money, the suspect transfers the falsely high loan amount of 400,000 yuan into Mr. Lins account, and Mr. Lin immediately withdraws and repays 200,000 yuan of deposit on the bank counter, thus forming the evidence of the banks running water is consistent with the loan contract, and finally Mr. Lin Xian. Having lost a lawsuit, the court decided to compensate the suspect for 400,000 yuan.
After 20,000 borrowings were maliciously upgraded to 750,000
In less than three months, the victim, Mr. Li, has gone through two fortifications. The amount of debt has changed from 60,000 yuan to 260,000 yuan, while the victim, Mr. Yang, has gone through five fortifications in less than half a year. The total amount of debt has changed from 20,000 to 750,000, a full increase of 37.5 times, which does not include the interest, penalty, breach of contract fines and handling fees they have paid to the suspects before. Losses such as intermediary fees.
Reporters learned that, in fact, in many cases reported by the media in recent years, many victims lost their homes and property because of routine loans. In the final analysis, the enemy is in the fortification routine.
In the routine loan fraud, when the victim is unable to repay on time (whether principal or interest), the suspect will step up the collection, and will contract to increase the so-called penalties, breach of contract, etc., further aggravating the financial burden of the victim, weakening the repayment ability of the victim, which is the true face of such crimes: because their ultimate goal is not to be victimized. Peoples interest is the victims whole family.
At this time, the suspect of debt collection is the evil person who urges the debt on the one hand and the good person who gives charcoal in the snow on the other. He promptly invites his associates to accept bills and settle accounts to help the victim overcome difficulties. He introduces that the victim borrows more debts from his associates to pay off the principal of the previous loan and the interest, penalty and default money generated therefrom, in order to further increase the loan. Amount of money. In the process, the suspect who calls for debt also charges a high so-called intermediary fee (10% of the amount borrowed after the heightening).
The prosecutor disclosed that in order to prevent the victim from borrowing money from other parties, the suspect also specially designed a routine: in the first contract signed, the formal terms of the contract stipulated that the victim could not borrow money from others during the borrowing period, otherwise he would have to bear the liquidated damages of 24% of the remaining principal. At the same time, the suspect will also prevent the victim from borrowing money from other people through threats, intimidation, harassment and other ways, resulting in the increasing amount of debt of the victim.
950,000 yuan grabbed a house worth 3.5 million yuan
Mr. and Mrs. Xu are retired teachers of a university in Guangzhou. After they fall into the trap of the suspect in the case, only two months later, the old couples house in the mature area of Tianhe District becomes the property of the suspect, which has a market value of more than 350 million yuan, and the suspect only used 950,000 yuan through the superimposition of various routes. The yuan will be seized.
Reporters learned that for the victims of real estate, the suspect is trying to get it.
First of all, when signing a loan contract, the victim is required to sign a house sale contract synchronously, and the excessive loan amount is agreed to be the purchase deposit. Once the victim is unable to repay the loan, he will face a very painful choice, either to sell the house painfully or to undertake the obligation of double repayment deposit.
Secondly, in the name of guaranteeing the creditors rights, the victim is deceived into buying and selling houses in the housing management department by net-tags, which lie that as long as the victim repays the money on time, the net-tags will be lifted, and the victim will not really sell the house. Even if the victim does not know, the operation will be completed directly through some real estate intermediaries, thus locking the victims real estate and completely blocking the victims property. The possibility that people will dispose of property freely in the future;
Finally, when the victim is unable to repay, the victim is forced to sell his house or repay his debt with his house. If the victim does not agree, he will bring a civil lawsuit to take possession of the victims property by disputes over the contract of house sale.
Source: Responsible Editor of Legal Network: Shi Jianlei_NBJ11331