Source: Procuratorial Daily
The plaintiff sued the defendant for failing to deliver the house on time with 7 purchase contracts, and the court ordered the defendant to refund the purchase price, and the defendant applied to the procuratorate for supervision. Who on both sides is lying? Through screening and analyzing doubts, the procurator conducted an in-depth investigation, and finally unveiled --
The truth behind seven commercial houses
Zhang Haiyan Sun Jianjian Gaoyuan Garden Shen Qiaoli
A few days ago, Liu Jinyu, the legal representative of a certain henan real estate company (hereinafter referred to as "the real estate company"), led the company's employees to the procuratorate of Boai County, Henan Province, and sent two pennants with the words "Civil Supervision Relieves People's Worries, Protects Private Enterprises and Promotes Development" and "Criminal Supervision Shows Justice and Shows His Skills in Case Filing Supervision", thanking the procuratorial organs for recovering more than 5 million yuan in economic losses.
Fundraising
Virtual contracts are buried in the dark
The time goes back to March 24, 2021.
"Let the prosecutor decide for me." 7 purchase contracts and receipts were used by him to help me raise funds, and I did not collect his purchase price. That day, a supervisor applicant came to the Bo'ai County Prosecutor's Office early in the morning.
The applicant's name is Liu Jinyu. In June 2007, he registered and established a real estate company and served as the company's legal representative. At the beginning of 2011, Liu Jinyu developed and built a real estate project in Boai County, planning to invest 400 million yuan in phases.
On December 2, 2014, Liu Jinyu asked his friend Li Bin to borrow 3 million yuan. Because Li Bin did not have cash in his hand at that time, he proposed that Liu Jinyu fill out several copies of the purchase contract and housing payment receipt for Li Bin's purchase of the commercial housing of the real estate company, so as to prove to the outside world that Li Bin had economic strength, so that he could more easily raise funds to help Liu Jinyu.
"I didn't think much about it because I was in a hurry to use the money, so I agreed to his proposal." Liu Jinyu told the prosecutor that in accordance with Li Bin's request, he filled in the purchase contract and the receipt of the house payment for 7 sets of commercial houses, and handed them to the "buyer" Li Bin. However, after 6 years, Li Bin has not raised funds. During this period, although Liu Jinyu repeatedly urged him to raise funds, Li Bin always used the excuse to shirk it, and he never returned the "house purchase" materials to the real estate company. What Liu Jinyu did not expect was that on November 11, 2020, Li Bin actually took the purchase contract and housing payment receipt of the 7 sets of commercial houses, sued himself to the court on the grounds that the property purchase company failed to deliver the house on time, requested the court to terminate the house purchase contract, and ordered the property purchase company to refund the purchase price and pay liquidated damages.
After hearing the case, the Boai County Court held that based on the contract for the sale and purchase of commercial housing provided by Li Bin, the receipt for the payment of the house and the bank transfer flow, it could be determined that there was a private lending relationship between him and Liu Jinyu. Although Liu Jinyu denied it, he could not make a reasonable explanation. Accordingly, the court rendered a judgment on March 2, 2021: the property purchase company should refund the purchase price of 5,174,614 yuan to Li Bin and pay a liquidated damages of 103,492 yuan.
"Now the court has frozen 5.64 million yuan on my account, which has caused a serious impact on the company's operation, please ask the procuratorate to help me." Liu Jinyu said with a full stomach of grievances.
Smart
Fictitious facts give rise to disputes
According to the procedures, the case was quickly transferred to the Fourth Procuratorate Department of the Bo'ai County Procuratorate. In order to ascertain the ins and outs of the case, the procurator handling the case went to the court to collect all the case file materials and conducted a careful review.
According to the dossier materials, on November 11, 2020, Li Bin sued the property company to the court on the grounds of a dispute over the contract for the sale of commercial housing, requesting that the contract be terminated and the purchase price refunded 5,174,614 yuan. On December 21 of the same year, Li Bin changed his litigation claim and re-submitted an application to the court on the grounds of a private lending dispute, requesting repayment of the loan of 5,174,614 yuan.
The prosecutor handling the case learned from the trial records that Li Bin appealed in court that between 2013 and 2014, Li Bin lent a total of 9.545 million yuan to the real estate company in six times, and Li Bin repeatedly urged Liu Jinyu to repay it. After consultation between the two sides, Liu Jinyu agreed to use the 7 properties of a project he developed and constructed to pay off the debt of 5,174,614 yuan. On December 2, 2014, Liu Jinyu signed 7 purchase contracts with Li Bin and issued a receipt for the house payment. The current real estate company could not deliver the house on time, and requested the court to order Liu Jinyu to terminate the contract, refund the house payment, and pay liquidated damages, and Li Bin also submitted the loan flow details.
In this regard, Liu Jinyu argued that Li Bin's statement that the loan of 9.545 million yuan was inconsistent with the facts. Li Bin only lent him 1.545 million yuan, and this amount has been repaid. The 7 house purchase contracts signed were used by him to let Li Bin help with financing, and Li Bin did not actually pay the purchase price, and there was no situation of using a house to pay off debts.
According to Liu Jinyu's defense, he did not borrow 8 million yuan from Li Bin in this debt. Curiously, the file materials proved that Li Bin's two-person flow account submitted to the court showed a transfer of 8 million yuan.
Who the hell is lying?
When the procurator handling the case met Liu Jinyu again, Liu Jinyu said with a very affirmative attitude: "I borrowed 8 million yuan from my friend Jiang Jiawei, and after borrowing for two days, I even returned a total of 8.024 million yuan to him with profits." I have paid off all the 1.545 million yuan that Li Bin lent me, and you can check the flowing accounts. ”
"But according to the file materials, your accounts with Li Bin do show that there are 8 million yuan of bank statements, how to explain this?" The prosecutor asked.
"I really haven't borrowed 8 million yuan from Li Bin!" Liu Jinyu said with a blank face that he had reported the case to the public security organs for this matter, but the public security organs did not file a case.
Is Liu Jinyu's claim true? The procurator handling the case then went to the bank to retrieve the details of all bank accounts between Liu Jinyu, Li Bin and Jiang Jiawei between April 25, 2013 and March 8, 2015. The accounts show that at 16:47 on April 25, 2013, 8 million yuan was transferred from Jiang Jiawei's account to Li Bin's account; at 16:52 on the same day, 8 million yuan was transferred from Li Bin's account to Liu Jinyu's account; two days later, at 16:01 on April 27, Liu Jinyu transferred 8.024 million yuan to Jiang Jiawei's account through his wife's account.
Judging from the flow accounts, Jiang Jiawei did not transfer money directly to Liu Jinyu, but Li Bin transferred 8 million yuan to Liu Jinyu.
Could it be that Liu Jinyu did not tell the truth? The procurator handling the case decided to find out with Jiang Jiawei.
"Has Liu Jinyu borrowed 8 million yuan from you?" The prosecutor questioned Jiang Jiawei.
"Borrowed. In April 2013, Liu Jinyu borrowed 8 million yuan from me. But two days later, he returned all the profits to me. Jiang Jiawei replied.
"Then why does the account show that you transferred 8 million yuan to Li Bin instead of Liu Jinyu?"
"I was busy at the time, and it just so happened that Li Bin was here with me, so I asked him to take my ID card and bank card to go through the transfer procedures." As Jiang Jiawei recalled, he said with great certainty, "I lent liu jinyu this money, not Li Bin." At that time, I also had the bank staff guarantee it. ”
"Then why did Li Bin transfer the money to his own account first?"
"I think he should be trying to increase the amount of money in his account so that he can borrow money from the bank later." In the face of the prosecutor's questions, Jiang Jiawei explained.
The procurator handling the case also found the bank staff to understand the situation, which also proved the fact that Jiang Jiawei lent Liu Jinyu 8 million yuan.
From the testimony of Jiang Jiawei and the bank staff, it can be seen that the 8 million yuan was lent by Jiang Jiawei to Liu Jinyu, not by Li Bin.
In addition, Liu Jinyu and Li Bin's bank statements also show that the 1.545 million yuan that Liu Jinyu lent to Li Bin has indeed been returned in full.
Now that the loan has been paid off, where does the debt come from? In addition, the purchase contract agreed that the house would be delivered at the end of December 2015, but after the expiration, Li Bin did not claim his rights, but chose to file a lawsuit directly with the court, which was counterintuitive. From the bank flow details, Li Bin also did not pay Liu Jinyu the purchase price of 7 suites.
The doubts are becoming more and more obvious, and the truth behind the 7 sets of commercial houses is beginning to surface little by little.
Regret
False lawsuits eat the consequences
After careful study and discussion, the Bo'ai County Procuratorate decided to pursue Li Bin's criminal responsibility for the crime of suspected false litigation.
On April 6, 2021, Li Bin's suspected false litigation criminal clues were transferred to the criminal prosecution department of the court. On the same day, the court issued a "Notice of Request for Explanation of reasons for not filing a case" to the public security organs. The public security organs do not file a case on the grounds that the facts are unclear and the evidence is insufficient. The Bo'ai County Procuratorate gave full play to its criminal supervision function, conscientiously communicated with the public security organs on the relevant facts and evidence of the case, and issued a "Notice of Case Filing" to the public security organs, requiring the public security organs to file and investigate Li Bin.
On May 7, 2021, the public security organs took Li Bin into criminal custody on suspicion of false litigation in accordance with law. When questioned by the public security organs, Li Bin confessed the entire history of this false lawsuit.
It turned out that in addition to the above-mentioned capital transactions, Liu Jinyu later borrowed 5 million yuan from Jiang Jiawei. Because Jiang Jiawei had borrowed more than 5 million yuan from Li Bin and had not yet returned it, the three said that Liu Jinyu was responsible for repaying the money that Jiang Jiawei borrowed from Li Bin. After the agreement, Liu Jinyu successively repaid Li Bin 3 million yuan, and there was still 2 million yuan left. Seeing that the real estate business was getting more and more sluggish, Li Bin decided to file a lawsuit with the court with the purchase procedures of 7 houses issued by Liu Jinyu to get back the arrears. After accepting the case, the court asked Li Bin to provide details of the transfer of the purchase price of 7 houses. How can Li Bin, who has not paid for the purchase of the house at all, get it? At this time, he suddenly remembered that the 8 million yuan that Jiang Jiawei had lent to Liu Jinyu was transferred through his account. Therefore, he changed his claim on the grounds of requesting repayment of the loan and filed a lawsuit with the court again.
Outsmart oneself. Li Bin did not expect that he lifted the stone and dropped it on his own foot.
On May 6, 2021, the Bo'ai County Procuratorate issued a procuratorial recommendation for retrial to the court in accordance with the law. On June 23, after discussion by the adjudication committee, the court ruled to retry the private lending dispute case. On August 20, the Bo'ai County Court made a judgment in accordance with the law, adopted the procuratorial procuratorate's retrial recommendation, and ruled to revoke the original first-instance judgment and reject Li Bin's litigation claims.
On the same day that the court rendered its judgment, the Bo'ai County Procuratorate filed a public prosecution with the court for Li Bin's suspected false litigation.
On September 8, 2021, the Bo'ai County Court rendered a judgment, holding that Li Bin filed a civil lawsuit based on fabricated facts, obstructing judicial order and constituting the crime of false litigation. In view of the fact that Li Bin was able to truthfully confess his crime, voluntarily admit guilt and accept punishment, and voluntarily pay a fine, he could be given a light punishment, so he was given a mitigated sentence of seven months' imprisonment and a fine of 10,000 yuan in accordance with law.
Although Li Bin was sentenced to prison, the prosecutor did not stop because the case was closed. Li Bin originally wanted to get back the 2 million yuan owed by Liu Jinyu, but he violated the law by illegal means. In order to truly realize the conclusion of the case, the procurator once again found Liu Jinyu and explained the law and reasoned, so that Liu Jinyu promised to return the arrears to Li Bin in full.
(The parties in this article are pseudonyms)
■ Prosecutor's statement
Strengthen a variety of supervision methods and severely crack down on false lawsuits
In this case, in order to effectively crack down on false litigation and maintain the credibility and authority of the judiciary, the procurator fully used civil, criminal and other legal supervision methods to strengthen the coordination mechanism between departments and form a joint force for cracking down on false litigation.
On the one hand, the right to investigate and verify is used to increase the supervision of civil trials. Through inquiries, collections, and reproductions of relevant evidentiary materials, questioning relevant witnesses to verify the true circumstances of the funds involved in the case, obtaining key evidence that the parties are carrying out false litigation, and achieving major breakthroughs in the case. On the other hand, the supervision of the criminal part should be strengthened. After all kinds of evidence proved the criminal facts of Li Bin's suspected false lawsuit, the procuratorial organs issued a "Notice of Request for Explanation of the Reasons for Not Filing a Case" to the public security organs in accordance with the law, and the public security organs refused to file the case on the grounds that the court had not yet made a civil judgment. Procurators believe that in cases where there is evidence to prove that the parties are suspected of criminal offenses, they should not be affected by the court's civil judgment, and issue a "Notice of Case Filing" to the public security organs in accordance with law, requesting the public security organs to file and investigate the case. After Li Bin was criminally detained, the procuratorial organs intervened in advance in a timely manner and joined hands with the public security organs to verify the circumstances of the crime of false litigation. In the face of a large amount of factual evidence, Li Bin truthfully confessed all the criminal facts of the false lawsuit. In this case, Li Bin could have safeguarded his rights and interests through legal channels, but he took illegal measures to falsely accuse others with false facts, which not only brought trouble to others, but also harmed himself.
(Shen Qiaoli, Procuratorate of Boai County, Henan Province)
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