The husband is a factory worker, and his family is ordinary.
She spent more than 480 million yuan on five apartments at one go.
After paying for her house,
Neither delivery nor ownership registration is advocated.
Whats the matter?
It turned out that there was a big conspiracy behind it.
On September 10, the Peoples Procuratorate of Jiangsu Province held a press conference on the supervision of civil false litigation of procuratorial organs in the whole province, at which six typical cases were issued, one of which was the case mentioned above.
Strange Seller: Buy 5 Suites at a Break
Tongjuan is an ordinary cleaner in Gaochun District of Nanjing City. Her husband is a worker in a food factory. Her daughter graduates from university soon and her family is in a general condition. However, no one expected that Tongjuan had many commercial housing units under her name, worth tens of millions of yuan.
How did Tongjuan get these houses?
As early as February 2015, Tongjuan signed three commercial housing pre-sale contracts with a real estate company in Gaochun. The company pre-sold five apartments to Tongjuan. The total price agreed on in the contract was more than 49 million yuan. After signing the contract, Tong Juan did not pay any purchase money. Until mid-November 2015, in a month and a half, Tong Juan made 123 bank transfers to the companys account, the largest single payment was 550,000 yuan, totaling more than 480 million yuan. After paying for the purchase, Tongjuan neither advocated delivery nor registered ownership, leaving the tens of millions of yuan of property out of her control.
Coincidence? Real estate companies have been sued by two people
In February 2016, the Wuxi Intermediate Peoples Court opened a court hearing a civil lending dispute. The plaintiff was Ding Mou, while the defendant was Gaochun, a real estate company whose five apartments were bought by Tongjuan, and Tong Mou, who had been the legal representative of the company. After hearing, the court made a judgment in the case of Ding Mou v. Tong Mou and his companys private lending disputes. The court decided that Tong Mou should repay the principal and interest of the loan to Ding Mou for more than 25 million yuan, and his company should bear joint and several liability. In September of the same year, the court took measures to enforce the case, and seized seven sets of real estate under the name of Tongs company, including five sets paid by Tong Juan.
In November of the same year, Tongjuan also sued the company to the Peoples Court of Gaochun District, requesting the court to order the company to deliver the commercial housing immediately and to cooperate with the processing of the real property certificate of the commercial housing immediately. During the court hearing, the two sides did not dispute and agreed to mediate. The court wanted to settle the case by mediation, but Tongjuan asked the court to issue a judgment for the transfer.
Who is Tongjuan?
As far away as Wuxi, Ding Mou has been running for his case with Tong Mou. He thought that the property of the company against joint and several liabilities could be sealed up without worry. Who knows that a judgment of Gaochun District Court made her creditors rights face great risk of failure? Ding Mou couldnt sit still and searched for other property clues for Tong Mou and his company, but nothing was found.
Because of the new situation in the execution of the case, the executive judge of Wuxi collected the files of the case of Tongjuan and the company, and found that Tongjuan did pay for the purchase of the house. Wuxi court informed Ding Mou about the situation, but Dang Mou was reluctant to accept the fact. She asked around with materials and learned that Tongjuan, who had bought a house in Gaochun, had a brother-sister relationship with him.
From the transfer record, we can see that the cat is tired
Ding Mou came to the procuratorial department for help and listened to her statement. The procurator thought that although Tong Mou was the legal representative of the company, the law did not prohibit the company from doing business with the relatives of legal persons. And Tongjuan also paid for the purchase of the house, how is Ding Mous false lawsuit?
The prosecutor has repeatedly checked the file material of the case. Apart from the fact that there is no substantive dispute between the two parties in court, which conforms to the characteristics of false litigation, there are really no other flaws. But more than 48 million yuan is not a small sum of money for any family, but it is a little unusual to transfer money again and again in a short time. More importantly, almost one year after payment, Tong Juan does not advocate delivery or change of registration. As soon as Tong Mous case takes enforcement measures, Tong Juan acts, which makes it difficult for people not to associate the two cases.
After research and discussion, the prosecutors decided not to alarm these people, but to start with objective evidence, first to find out where Tongjuans money came from. Through the bank flow during the period when Tongjuan paid for her house purchase, it was found that during the same period, two people paid her money separately. Every time a sum of money was transferred to Tongjuan account, Tongjuan account paid a sum of money for the companys house purchase. And the total number of transfers is 123, which is the same as the number of times that Tongjuan paid for her house. Since the two banks had no outlets in Gaochun and their account-opening bank was located in Wuxi, the prosecutor decided to go to Wuxi for further investigation.
The Truth: A Family Self-directed
The investigation did find out the problem. Originally, the money they transferred to Tongjuan came from three companies. The money of the three companies was transferred from another company, and the money transferred from that company to the three companies was transferred from Gaochun Real Estate Company. All these transfers took place during the period when Tongjuan paid for the purchase, and the number of transfers coincided. Did the company buy its own house? Does the money go round and back to the company?
The prosecutor obtained basic information from five companies in the business sector and found that Tongmou was related to these companies, or had been a legal representative or shareholder. The prosecutor went to the public security organ and found that the two people who transferred money to Tongjuan were Tongmous wife and son. The legal representatives of the above-mentioned companies who help to transfer funds are all relatives of childrens families.
This is the self-directed work of their family.
By means of circular transfer and repeated accumulation of amounts,
Causing the illusion of paying a large amount of money for house purchase
A false litigation play.
Sentenced for the crime of false litigation
According to the verified situation, the prosecutor sorted out more than 600 transfer records one by one and drew graphs, listed the relationship between people, and produced a case review report. After Department discussion and research by the procuratorial committee, we all agreed that Tongjuans case was indeed a false lawsuit, and then put forward retrial procuratorial suggestions to the court. Because the case may be suspected of criminal offences, the procuratorial organs will synchronously transfer the case clues to the public security organs for processing.
On April 17, 2017, the Peoples Court of Gaochun District decided to retrial the case. On July 1, the same year, after retrial, the original judgment was revoked, Tongjuans prosecution was rejected and the case was transferred to the public security organs for investigation.
On April 28, 2017, the public security organs investigated Tongjuan and Tongmou (the actual controller of the company) for suspected false litigation. On 11 August of the same year, the case was transferred for review and prosecution. After that, the public security organs considered that Tongjuans criminal acts were significantly minor, and withdrawn the prosecution against Tongjuan. After examination, the procuratorial organ considered that the actions of Tong Mou and a real estate company violated the provisions of the Criminal Law on the crime of false litigation, and then prosecuted according to law.
In 2018, the court issued a criminal judgment. Tong Mou was sentenced to two yearsimprisonment and a fine of 50,000 yuan for committing false lawsuit. His company was sentenced to a fine of 200,000 yuan for committing false lawsuit.
Modern Express reporters learned that from 2017 to June this year, the provincial procuratorial organs at three levels handled 1583 cases of false litigation supervision, including 253 protests, 1053 retrial procuratorial proposals, 213 procuratorial proposals, involving a total amount of 1.911 billion yuan, 236 criminal clues transferred 291 people. (All the characters in the article are aliased names)
Source: Responsible Editor of Modern Express: Zhou Xinyi_NB12002