The Guangdong High People's Court released a typical case of severely punishing the crime of "routine loans" in accordance with the law
A few days ago, the Guangdong Provincial High People's Court released a number of typical cases of severely punishing the crime of "routine loans" in accordance with the law. The content of the case involves the illegal accumulation of wealth by the underworld criminal organization of "routine loans", the illegal "car loans" and "campus loans" against car owners, school students and other groups, as well as the infringement of citizens' personal information, the interference of judicial order through false lawsuits, and the use of violence and "soft violence" to collect money. These cases demonstrate the judicial responsibility of Guangdong courts to give full play to their adjudication functions, strictly crack down on the illegal and criminal acts of "routine loans" in accordance with the law, effectively protect the personal and property safety of the people, and vigorously safeguard social harmony and stability.
01
Strictly punish the crime of "routine loans" of underworld criminal organizations in accordance with law
-- Case of Zhong X and 25 others organizing, leading, and participating in underworld criminal organizations
Basic facts of the case
Zhong gathered a number of people to set up an online investment and wealth management platform, illegally absorbing public deposits for the implementation of illegal and criminal activities of "routine loans", and gradually formed an underworld organization headed by Zhong with a stable organization, a clear hierarchical structure, and a large number of people. The organization illegally absorbed more than 800 million yuan in public deposits and carried out 23 cases of "routine loan" fraud, causing victims to lose more than 1.6 million yuan. The organization carried out a number of illegal and criminal activities such as picking quarrels and provoking trouble, extortion, intentional injury, illegal detention, false accusations and frame-ups, and forced transactions, seriously affecting the normal life, production and operation of victims, their relatives, and related enterprises, causing serious consequences such as victims being forced to sell their houses, being falsely accused and imprisoned, and even committing suicide. The organization also bribed state officials to seek "protective umbrella" asylum.
Adjudication Results
The Chancheng District People's Court of Foshan City convicted Zhong of organizing and leading an underworld criminal organization, illegally absorbing public deposits, fraud, extortion, picking quarrels and provoking trouble, forcing transactions, falsely accusing and framing, intentionally injuring, illegal detention, and offering bribes, and sentenced him to 20 years imprisonment, deprivation of political rights for four years, and confiscation of all personal property; and sentenced the other 24 defendants to fixed-term imprisonment ranging from 15 years to 2 years and 9 months, and to fines or confiscation of property. The Foshan Intermediate People's Court upheld the first-instance judgment in the second instance.
Typical significance
This case is a typical case of "routine loans" involving gangsters. "Routine loans" are a common criminal method used by underworld forces to amass wealth. "Routine loans" criminals who commit organized crimes can easily evolve into underworld forces. Criminal organizations that meet the standards for designating underworld criminal organizations as "routine loans" shall be tried in accordance with underworld criminal organization crimes. Guangdong courts have accurately screened and severely punished the crimes of underworld criminal organizations such as "routine loans" in accordance with law, with a clear attitude of high-pressure and strike-hard, and advanced the people's courts' normalization of the struggle to eliminate organized crime and vice.
02
The act of auto mortgage "routine loan" constitutes the crime of fraud and extortion
——Case of fraud and extortion by Ye Mouhe and 11 others
Basic facts of the case
In the course of engaging in the auto mortgage lending business, Ye Mouhe and others, in order to make huge profits, lured the victims with gimmicks such as not mortgaging the car and low interest rates, and took advantage of the victims' psychology of urgently needing to borrow money, and deceived them into signing contracts with inflated loan amounts and blank agreements and power of attorney for vehicle transfer that contained default traps by concealing or falsely claiming "business rules" , illegally carrying out towing trucks, threatening to sell vehicles, continuing to demand high towing fees, etc., coercing victims to pay fees, selling vehicles in violation of regulations, and defrauding and extorting more than 3.54 million yuan of property from 100 victims.
Adjudication Results
The Pengjiang District People's Court of Jiangmen City convicted Ye Mouhe of fraud in the first instance and sentenced him to 12 years and nine months in prison and a fine of 1.4 million yuan, and sentenced the other 10 defendants to fixed-term imprisonment and a fine of 1.4 million yuan for fraud and extortion.
Typical significance
This case is a typical case of auto mortgage "routine loan". With the popularization of automobiles, there is an increasing number of "routine loans" in the name of auto mortgage loans. The act of defrauding money by means of "routine loans" with car mortgages constitutes the crime of fraud, and extorting property by coercive means such as forcibly towing a car or blackmailing a car constitutes the crime of extortion. This case alerts car owners to raise their awareness of prevention, be vigilant against contract breach traps and blank agreements, and standardize mortgage loans.
03
Heavier punishment for "routine loans" for school students
-- Case of "campus loan" fraud, picking quarrels and provoking troubles by 11 people including Zhang
Basic facts of the case
Zhang used to be a college salesman on multiple lending platforms, and mastered the information of a group of college students with superior family conditions and advanced consumption habits. Zhang and others carried out "routine loans" for college students with unsecured and high-interest short-term loans, maliciously building up debts by frequently threatening and intimidating, borrowing new ones to repay old ones, and transferring bills to settle accounts, and so on, and increased the loans from tens of thousands of yuan to millions of yuan; at the same time, they insulted and intimidated the victims, and demanded that their parents mortgage their real estate, causing the victims to be forced to suspend their studies; or sent insulting text messages, used software to bombard the phone, and threatened the victim's naked videos to block the lock hole, destroy the door locks, and Forcing the repayment of debts by means of sticking notes, forming evil forces, and seriously disrupting campus order.
Adjudication Results
The Nanshan District People's Court of Shenzhen City convicted Zhang of fraud in the first instance and sentenced him to 10 years imprisonment and a fine of 200,000 yuan, and sentenced the other 10 defendants to fixed-term imprisonment and a fine for fraud.
Typical significance
This case is a typical case of "campus loan" type "routine loan". The implementation of "routine loans" targeting school students infringes on the personal and property rights of students and parents, seriously impacting the normal order of schools, affecting social stability, and having a bad social impact. Guangdong courts have severely punished the crime of "campus loans" and "routine loans" in accordance with the law, cutting off the black hands that reach out to the campus to maintain campus tranquility.
04
Strictly punish related crimes of providing citizens' personal information for "routine loans" in accordance with law
-- Case of fraud and infringement of citizens' personal information by 43 people including Fan Moushan
Basic facts of the case
Fan Moushan and 43 others set up a company to carry out "routine loan" fraud. Fan Moushan illegally purchased the information of customers who intended to take out online loans from software such as "Credit 360" and "Lender", distributed it to company personnel through the Internet, pretended to be the risk control manager and offline manager of the online loan platform, deceived the victim into the company under the pretext of low interest rates, used the victim's mobile phone to operate the online loan, concealed the loan information and deleted the relevant data after completion, and defrauded and deducted high fees in the name of handling fees, platform deposits, upfront interest, contract deposits, etc.
Adjudication Results
The Dongguan City No. 1 People's Court convicted Fan Moushan of fraud and infringing on citizens' personal information, and sentenced him to 12 years imprisonment and a fine of 503,000 yuan, and sentenced the other defendants to fixed-term imprisonment ranging from 10 years, three months to one year, and a fine. The Dongguan Intermediate People's Court upheld the first-instance judgment in the second-instance ruling.
Typical significance
Guangdong courts are to severely punish crimes related to "routine loans" in accordance with law, cut off the black industry chain that supports "routine loans" crimes, and promote comprehensive governance and governance at the source. According to laws and judicial interpretations, where multiple means are used in the course of carrying out "routine lending", constituting multiple crimes, punishment shall be combined for multiple crimes or a heavier punishment shall be chosen;
05
Strictly punish false litigation methods in "routine loans" in accordance with law
-- Qi Moufeng and 5 others fraud, extortion, picking quarrels and provoking trouble
Basic facts of the case
Qi Moufeng and others used "unsecured loans" as bait to attract victims to sign blank IOUs, and then maliciously inflated debts by charging fees such as "cutting interest" and "handling fees", and transferring interest to principal, and collected debts by illegally restricting the personal freedom of others, blocking doors and obstructing work, pulling power cuts, harassing family members, and false lawsuits, seriously undermining the local economy and social order, and harming the credibility of the judiciary.
Adjudication Results
The Dongguan City No. 2 People's Court convicted Qi Moufeng of fraud, extortion, and picking quarrels and provoking troubles in the first instance, and sentenced him to seven years and six months imprisonment and a fine of 300,000 yuan, and sentenced the other defendants to fixed-term imprisonment and a fine of 300,000 yuan.
Typical significance
Common criminal methods and steps of "routine loans" include "debt collection" with both soft and hard methods, and "debt collection" through litigation, arbitration, notarization and other means when the victim fails to repay the inflated "loan". Through false litigation, the intention is to use judicial procedures to achieve illegal goals, seriously disrupting the normal judicial order, harming judicial credibility, and having a very bad impact. Guangdong courts have severely punished false litigation in the crime of "routine loans" in accordance with the law, and upheld the core socialist values.
06
Accurately grasp the difference between "routine loans" and private loans
——Lin Mouhai and 10 others fraud and extortion case
Basic facts of the case
For the purpose of illegal possession, Lin Mouhai et al. induced or forced the victim to sign a loan agreement in the name of the "rules of the industry" for private lending, maliciously inflated the debt by inflating the loan amount, arbitrarily determining the breach of contract, destroying evidence of repayment, etc., forming false claims and debts, and illegally taking possession of the victim's property by means of violence, "soft violence", threats, and other means.
Adjudication Results
The Xiashan District People's Court of Zhanjiang City convicted Lin Mouhai of fraud and extortion in the first instance and sentenced him to 12 years and six months in prison and a fine of 160,000 yuan, and sentenced the other nine defendants to fixed-term imprisonment and a fine of 160,000 yuan.
Typical significance
"Routine loans" are often used in the name of private lending, but there is an essential difference between "routine lending" and the civil lending relationship formed on the basis of autonomy of will between equal subjects. "Routine loans" have the characteristics of illegal purposes, falsity of creditor's rights and debts, and diversity of "debt collection" methods. Guangdong courts accurately screened and severely punished the crime of "routine loans" in accordance with law, and convicted and punished them on the basis of the facts of the specific case.
