In December 2023, the prosecutor held a case analysis meeting to further study the mediation plan of Li and Zhu.
On the way back to his hometown, Li Moujun, who had never borrowed money, unexpectedly found that he owed a large amount of debt and became an "old man". Hindered from returning home, finding a job without success, and being restricted from spending high...... Li Moujun was forced to swallow a series of "bitter fruits".
In desperation, he went to the Xiangcheng District Procuratorate in Suzhou City, Jiangsu Province to ask for help. After a comprehensive review of this private lending dispute case, the court traced the real borrower, prompted the court to change the judgment in accordance with the law, and returned Li Moujun's innocence.
Returning to his hometown to visit relatives found that he was burdened with "unjustified debts"
On the eve of the Spring Festival in 2023, Suzhou Railway Station was crowded, and Li Moujun, who had been away from his hometown for a long time, returned to his heart like an arrow, but at this time, he never thought that the original trip to visit relatives would become a road of appeal.
"I've never owed anyone money, how can I be a 'lai'!" At the ticket office of the train station, Li Moujun argued excitedly with the staff. It turned out that when reading Li Moujun's identity information, the staff found that he was marked as a restricted high-consumption person, and according to the relevant laws and regulations, he could not take any high-speed rail train with a "G prefix".
After repeated confirmation, Li Moujun could only accept the reality first and take a taxi back to his hometown with grievances and questions. However, when Li Moujun, who returned to Suzhou after the holiday, went through the annual inspection of the vehicle under his name, the vehicle was seized because of the identity of the "old lai". After being treated twice unjustly, he decided to seek an explanation for himself.
In March 2023, Li Moujun walked into the Xiangcheng District Court to inquire about the execution of his lawsuit. It turned out that in 2017, Zhu sued the court on the basis of two IOUs with Li Moujun's signature and fingerprints, claiming that Li Moujun had borrowed 110,000 yuan from him in 2015 and had not returned it. At the end of November 2017, after trial, the court ruled in absentia that Li Moujun should repay the loan within a time limit. Later, due to Li Moujun's failure to fulfill his repayment obligations, in April 2018, after Zhu applied for compulsory enforcement, the court included Li Moujun in the list of dishonest judgment debtors and took measures to restrict high consumption. Li Moujun, who was deeply wronged, applied to the court for a retrial, but the court did not make a ruling on his application within the statutory time limit.
"It is impossible for me to borrow money from him in 2015...... In May 2023, the helpless Li Moujun walked into the Xiangcheng District Procuratorate for help, which accepted Li Moujun's application for supervision in accordance with the law, and reviewed the reasons for his application and the facts of the case.
An "alibi" issued by a drug rehabilitation center
"Why is it impossible for you to borrow money from Zhu in 2015?"
"I couldn't have been there at the time!" Faced with the prosecutor's questioning, Li Moujun told his experience of being a drug addict. He admitted frankly that in 2015, he was undergoing compulsory isolation for drug rehabilitation in a drug rehabilitation center, and it was impossible for him to come out of the closed isolation drug rehabilitation environment to borrow money.
"Is it a false lawsuit or a fraudulent loan? Is there a real legal relationship between Li Moujun and Zhu?" Focusing on the focus of the case, Liu Fengqi, the prosecutor in charge, carefully reviewed the case file and visited the courts, public security organs, compulsory isolation drug rehabilitation centers and other relevant units to investigate and collect evidence. According to the information of relevant departments, in April 2014, Li Moujun was seized by the police on the spot for taking methamphetamine in Suzhou, and combined with his past drug history, Li Moujun was forcibly isolated for two years in accordance with the law, with a period from May 15, 2014 to May 14, 2016. After verification with the compulsory isolation drug rehabilitation center, in May and July 2015, when Zhu claimed the loan, Li Moujun was indeed receiving treatment and physical rehabilitation training in the drug rehabilitation center, and there was no record of going out to visit. The prosecutor handling the case believes that the "alibi" issued by the drug rehabilitation center can prove that Li Moujun did not lie.
Find out the "mystery borrower"
"If it wasn't Li Moujun who borrowed the money, who would it be? Is this loan real?" Li Moujun only said that he suspected that someone was pretending to be himself to borrow money, but he did not provide valuable clues. Just when the case was in trouble, the prosecutor handling the case found clues in the court file: the borrower had returned a sum of money to Zhu through a bank transfer from an outsider, and the name of the outsider was Li Mouzhou.
Is this just a coincidence or is there something else going on? After communicating with Li Moujun, the procurator handling the case learned that Li Moujun has a younger brother's name named Li Mouzhou. The prosecutor locked up Li's boat. In order to avoid startling the snake, the prosecutor decided to start with the external investigation, and successively found Zhu and the loan intermediary to inquire about the loan situation and the characteristics of the borrower, and learned that Zhu had lent 110,000 yuan to the "bald head" through the middleman that year. The name on the ID card provided by the "bald head" was Li Moujun, but after the loan expired, Zhu could no longer contact the "bald head".
After grasping the relevant evidence, in July 2023, the prosecutor asked Li Mouzhou to come to the hospital for questioning. "At that time, my brother's ID card was with me, so I took it and used it, but I didn't expect it to be so serious. Combined with the characteristics of Li Mouzhou himself as a "bald head", the accurate description of the loan process and details, and the proof of capital transactions between him and Zhu, the prosecutor basically restored the original appearance of the matter.
In order to ensure that the chain of evidence is tight, the court entrusted the Suzhou Municipal Procuratorate to conduct trace examination and identification of the two IOUs and the handwriting and fingerprints of Li Moujun and Li Mouzhou, and the results showed that the signatures and fingerprints of "Li Moujun" at the "borrower" of the two IOUs were Li Mouzhou's. At this point, the prosecutor believes that it was Li Mouzhou who fraudulently used Li Moujun's identity to borrow money from Zhu.
On August 14, 2023, the Xiangcheng District Procuratorate submitted a protest to the Suzhou Municipal Procuratorate. On September 14 of the same year, the Suzhou Municipal Procuratorate filed a protest with the Suzhou Intermediate Court, and the Suzhou Intermediate Court adopted the procuratorate's protest opinion after trial, and made a civil ruling on October 31, 2023, ordering the Xiangcheng District Court to retry the case. After a public trial, the Xiangcheng District Court made a civil ruling on December 6, 2023, ruling to allow Zhu to withdraw the lawsuit and revoke the original judgment.
Subsequently, Li Moujun was removed from the list of dishonest judgment defaulters, and his daily life returned to normal. Although Li's innocence has been recovered, Zhu's loan has not been recovered, legitimate creditor's rights still need to be protected, and hidden contradictions still need to be eliminated.
On January 8 this year, the prosecutor organized an on-site mediation meeting, through explaining the law and reasoning, balancing the demands of all parties, and finally Zhu and Li voluntarily reached a mediation agreement, agreeing that Li Mouzhou would return 96,000 yuan to Zhu in installments within six years.
"This month's repayment has arrived on time, and I am much more down-to-earth now. On March 16, Zhu received the second installment repayment from Li Mouzhou, and he happily called the prosecutor and said.
(Source: Procuratorate Daily, Rule of Law News Edition Author: Lu Zhijian, Dong Jihan, Wang Jinyan)