This is a rather "bizarre" private lending case, which has evolved into a number of criminal cases, in which the lender, the borrower, and the staff of the court enforcement bureau were all sentenced for different crimes, including the former chairman of the company involved.
The lender, Wang Moulei, sued the borrowers Zhang Lidong, Liu Hongyu (husband and wife) and Ulanhot Hongtu Construction Engineering Co., Ltd. (hereinafter referred to as "Hongtu Company") to the court, demanding the repayment of 28 million yuan in principal and interest. In 2017, the Ulanhot Municipal Court made a first-instance judgment, ordering Zhang Lidong and Liu Hongyu to repay a total of 14.22 million yuan and corresponding interest. Neither party appealed the verdict.
In 2020, Wang Moulei was sentenced to one year and ten months in prison by the court for picking quarrels and provoking troubles for hiring others to illegally collect debts by means of siege and harassment, and the Xing'an League Intermediate People's Court upheld the verdict in the second instance.
In 2022, the Intermediate People's Court of the Xing'an League ruled to end the retrial procedure with "Liu Hongyu died and his heirs of rights and obligations did not participate in the lawsuit". In February this year, the Intermediate People's Court of the Xing'an League rejected Zhang Lidong's application for retrial on the grounds that "the judgment was not improper."
At the same time, in 2023, Zhang Lidong was sentenced to three years in prison by the Ulanhot Municipal Court for refusing to execute the judgment and ruling, and Wang Mouwen, the former chairman of Hongtu Company, was sentenced to two years in prison for this crime. At present, the case is in the second trial.
2800万的“借贷纠纷”：
The court ordered the repayment of 14.22 million yuan plus interest
According to relevant judicial documents, in 2012, Zhang Lidong and Wang Moulei were introduced to each other, and Zhang Lidong borrowed money from Wang Moulei many times after that. Zhang Lidong's appeal materials show that he borrowed about five or six million yuan in two years.
In March 2017, Zhang Lidong issued an IOU of 28 million yuan to Wang Moulei in a hotel box in Ulanhot.
In July 2017, Wang Moulei filed a lawsuit with the Ulanhot Municipal Court, requesting the court to order Zhang Lidong, Liu Hongyu and Hongtu Company to pay the principal of 28 million yuan and interest.
In December 2017, the Ulanhot Municipal Court made a first-instance judgment. The court held that the actual amount of the 28 million yuan IOU issued by Zhang Lidong to Wang Moulei should be 16.52 million yuan, Zhang Lidong repaid 2.3 million yuan, and the remaining loan was 14.22 million yuan, and the court finally ruled that Zhang Lidong and Liu Hongyu should repay Wang Moulei 14.22 million yuan and repay more than 570,000 yuan in interest, and Hongtu Company did not bear the obligation to pay.
After the first-instance judgment was rendered, neither party appealed, and the judgment came into effect.
During the trial of this case, upon Wang Moulei's application, in September 2017, the Ulanhot Municipal Court seized 29.68 million yuan of Hongtu Company's project money, on the grounds that the money was Zhang Lidong's project money in Hongtu Company.
After the civil judgment came into effect, in January 2018, Wang Moulei applied to the Ulanhot Municipal Court for enforcement, and the case entered the enforcement stage. Hongtu Company raised an objection to enforcement, claiming that Zhang Lidong was only a safety officer on the company's construction project and had no project payment, so the enforcement ruling and the notice of assistance in enforcement should be withdrawn.
Instructing personnel to use illegal means such as encirclement and stalking to collect debts
The lender was sentenced to one year and ten months in prison
During the enforcement of this case, on February 26, 2019, the Ulanhot Municipal Court issued an "Investigation Report on the Case of Wang Moulei's Suspected "Routine Loan". The report mentions that Wang Moulei (in a loan dispute with Zhang Lidong) is suspected of fabricating facts, concealing the truth, and using judicial procedures to achieve the purpose of illegally occupying other people's property, that is, suspected of fraud, false litigation and other crimes. Wang Moulei was suspected of picking quarrels and provoking troubles because of violent debt collection in the loan dispute, and was taken compulsory measures by the public security organs. The court made a handling opinion: suspend the execution and transfer the clues of Wang Moulei's suspected crime to the public security organs for investigation.
Since then, Wang Moulei has been prosecuted by the Horqin Right-wing Central Banner Procuratorate on charges of picking quarrels and provoking trouble, illegally absorbing public deposits, and false litigation.
In November 2020, the Horqin Right-wing Central Banner Court sentenced Wang Moulei to one year and ten months in prison for the crime of picking quarrels and provoking troubles.
In response to this verdict, the Horqin Right-wing Central Banner Procuratorate lodged a protest, and the plaintiff in the criminal attached civil lawsuit, Zhang Lidong, appealed, and the Xing'an League Intermediate People's Court upheld the first-instance verdict after the trial.
The judgment found that from early May to mid-July 2017, Wang Moulei used illegal means to forcibly collect debts through other people's employees in order to collect debts from Zhang Lidong and his wife. Debt collectors repeatedly besieged and harassed Zhang Lidong and Liu Hongyu's villas, hospitals, and other places, and also rented cars and cars for their own use to follow Liu Hongyu and besiege Zhang Lidong for more than 30 days. Liu Hongyu repeatedly reported to the public security organs, and the Horqin Police Station of the Horqin Right Wing Front Banner persuaded and warned Wang Moulei and others, but Wang Moulei still instructed the personnel to use means such as encirclement and tracking to collect debts.
Among the facts ascertained in the judgment, including on March 12, 2017, Wang Moulei, Wu Moumou and others reconciled accounts with Zhang Lidong in the private room of "Dalian Fishing Port", Wu Moumou exerted pressure through words, and Zhang Lidong wrote an IOU of 28 million yuan.
The procuratorate's accusation has more details: Wang Moulei and three others sat Zhang Lidong in a corner with the momentum of encirclement, Zhang Lidong failed to move the place within 4 hours, did not go to the bathroom once, and had no choice but to sign an IOU of 28 million yuan for Wang Moulei against his will.
In addition, in 2020, Zhang Moumou, deputy director of the Executive Bureau of the Ulanhot Municipal Court, was sentenced to three years in prison by the court on charges of accepting bribes and usurious loans for accepting bribes in the execution of the loan case between Wang Mou Lei and Zhang Lidong and other cases.
Multiple departments issue judicial documents
Investigate issues such as suspected "routine loans" in loan disputes
When Wang Moulei's suspected criminal case entered the judicial process, the Ulanhot Municipal Court, the Public Security Bureau, the Horqin Right-wing Central Banner Procuratorate, and the Xing'an League People's Procuratorate all issued relevant judicial documents, believing that the loan dispute between Wang Mou and Zhang Lidong was suspected of "routine loans" and other issues.
The "Investigation Report on Wang Moulei's Suspected "Routine Loan" Case made by the Ulanhot Municipal Court mentions: Wang Moulei lent a huge amount of money in cash 9 times in 10 months, and failed to pay attention to the delivery process of the huge amount of money. The source of the funds and so forth made reasonable explanations and provided corresponding evidence, and his ability to lend was doubtful; Wang Moulei sued for 28 million yuan and admitted 15 million yuan in court, which was suspected of improperly waiving his rights; he clearly stated in the recording that he had kept the accounts of the money involved in the case, but did not provide it to the court, and was suspected of concealing the true situation of the loan; there was a huge difference between the actual amount of the loan and the amount of the litigation claim, and the other party (Zhang Lidong's side) reacted strongly.
Investigation report of the court
At the same time, the report believes that this case has been rejected by the Xing'an League Intermediate People's Court, and it is not appropriate for this court to start the retrial procedure, and even if the retrial is initiated, it is difficult to ascertain the true principal amount of the loan with the existing civil evidence.
In September 2019, a "Supplementary Investigation Report" issued by the Ulanhot Municipal Public Security Bureau stated: According to Wang Moulei's confession and Zhang Lidong and Liu Hongyu's statements, it was explained that the IOU of 4.8 million yuan in Zhang Lidong's IOU to Wang Moulei was untrue. The formation of the 28 million yuan IOU was written by Wang Mou, Lei and others who forced Zhang Lidong to write after many accounts.
In September 2020, the "Supplementary Prosecution Decision" issued by the Horqin Right-wing Central Banner Procuratorate shows that Zhang Lidong borrowed money from Wang Moulei, and the two parties agreed to deduct the "head interest", that is, it was agreed that one month's interest would be deducted to pay the remaining principal, and the remaining principal would be deducted from three months' interest after three months' settlement. At the same time, Wang Moulei proposed to Zhang Lidong to settle the account, and each time the account was closed, Zhang Lidong borrowed an unusually large amount of principal from Wang Moulei. According to the bank statement and audit report, Zhang Lidong still has more than 3.34 million yuan unpaid, and Wang Moulei sued with 28 million yuan as the principal, but because he could not produce evidence, he admitted that the principal was 15 million yuan.
On April 15, 2022, the Xing'an League Procuratorate issued a Civil Appeal to the Xing'an League Intermediate People's Court for a retrial of the private lending case. The Civil Appeal Statement stated that the basic facts ascertained in the effective judgment of the original trial lacked evidence to prove it. Among the points mentioned, the judgment included the cut interest and high interest in the principal. The Civil Appeal also mentioned that Wang Moulei claimed to deliver the loan in cash but did not provide the account book to the court, and his statement in court that the time and amount of the loan were inconsistent with the copy of the IOU submitted by Liu Hongyu, and they did not recognize each other.
Civil Appeal
The court ruled to terminate the retrial proceedings
The borrower was sentenced for refusing to execute
In May 2022, the Intermediate People's Court of the Xing'an League issued a civil ruling, deciding to initiate a retrial procedure for the case, with the Xing'an League Procuratorate and the complainants Liu Hongyu and Zhang Lidong.
During the retrial, Liu Hongyu died of illness. In December 2022, the Intermediate People's Court of the Xing'an League ruled to terminate the retrial procedure.
Zhang Lidong stated in the appeal materials that on the premise that the retrial ruling and the protest clearly stated that Liu Hongyu and Zhang Lidong were both complainants, it was illegal to change Zhang Lidong's identity to the respondent, and to rule that the retrial procedure was terminated after Liu Hongyu's death due to illness.
After that, Zhang Lidong continued to apply to the Xing'an League Intermediate People's Court for a retrial.
On February 6 this year, the Intermediate People's Court of the Xing'an League made another ruling, holding that the original judgment was not improper, that Zhang Lidong did not provide valid evidence during the retrial, and that the request for retrial was not established.
It is worth noting that at the same time as the appeal was being carried out, Zhang Lidong and Wang Mouwen of Hongtu Company were seized by the court for transferring the project funds of Hongtu Company, and were sentenced by the Ulanhot Municipal Court in December 2023 for refusing to execute the judgment and ruling.
The court held that the effective judgment and ruling were authoritative, Zhang Lidong was the actual contractor of the Hongtu Company's project, and Wang Mouwen ignored the authority of the law and allocated the project money seized by this court to Zhang Lidong, which was later transferred by Zhang Lidong to others, resulting in the failure to enforce the civil judgment and the circumstances were serious.
Zhang Lidong and Wang Mouwen argued that Zhang Lidong was only a safety officer of Hongtu Company, not the actual contractor, and that there was no project money in the company's account, and that the money transferred was used to pay the wages of migrant workers, and that Zhang Lidong was handling these businesses, so they were paid to him. If there is a problem with the civil judgment, a retrial should be initiated.
However, the defense opinions of the two were not adopted by the court, and the Ulanhot City Court sentenced Zhang Lidong to three years in prison and Wang Mouwen to two years in prison for refusing to carry out the judgment and ruling. At present, this case is still in the second instance.
A few days ago, the Red Star News reporter contacted and interviewed the Intermediate People's Court of the Xing'an League and the Ulanhot Municipal Court, but did not receive a response. Wang Moulei also said that it was inconvenient to be interviewed.
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May Issue