All the defendants are missing. Prosecutor: This is definitely the most difficult case I’ve ever dealt with

● Starting from the loan company, through the inquiry of a company’s social security payment situation to find several employees of the company, according to the length of entry sorted, please ask the public security organs to assist in the inquiry of several employees of the long entry and Ye.● Starting with more than 1,000 phone numbers associated with 32 borrowers obtained by the public security organs, I made a whole week of phone calls and finally got through to one of the parties.● To the public security organs to help find the key figure Zhou in detail, restore the crime.● Li Qian calmly use ye mou defense loopholes continue to ask, until Ye mou self-contradiction, unable to defend, and then honest facts.Talking about yan mou false lawsuit, Zhejiang province civil administrative procuratorial business competition model, Ningbo Yinzhou District Procuratorate fifth deputy director Li Qian could not help but sigh: “This is absolutely I dealt with false litigation cases encountered the most difficult cases…””Fortunately, civil prosecutors have the right of investigation and verification granted by law, and in Yan’s case, we did not settle for mere written examination, but actively conducted investigations and verification, which finally broke the bottleneck and found out the facts.”Deadlock: the whereabouts of the plaintiff and defendant are unknown at the beginning of 2020, Li Qian received a false lawsuit clues handed over by the Procuratorate of Zhejiang Province yan, the clues from zhejiang province civil judgment wisdom supervision system out of the investigation.Through the Chinese judgment documents network, Li Qian Sihai found yan mou as the plaintiff in 32 cases of civil loan disputes judgment, these judgments are the defendant borrowers need to yan mou repayment.After carefully examining the files of these 32 cases, Li qian found commonalities: there were loan agreement, service agreement and receipt in each case, and these three documents were all standard contracts, with the exception of different borrowers and amounts of loans.As stipulated in the loan agreement between a Ming and Yan, a Ming borrowings 16830 yuan from Yan of a company.The service agreement states that Company B provides credit consulting, evaluation and lender recommendation services for Amin, and Amin shall pay service fees for Company B, which shall be delivered by lender COMPANY A.The receipt stated that Amin had received 10,578 yuan in transfer and 6,252 yuan in cash from Yan, totaling 16,830 yuan.Li qian said, “This case strikes me as very strange. The loan was’ transfer and cash ‘with a small amount, which is very rare in private lending.In addition, the service agreement does not specify the amount of the service charge. Why is that?”The best way to explain these doubts is to ask the borrower.But the verdicts showed that the defendants in all 32 cases were absent from court.Unable to find the defendant, they had to search for the plaintiff, Surnamed Yan, but the results of the joint investigation by the public security authorities were also frustrating, as Yan left Zhejiang before the COVID-19 outbreak and went missing.The case was deadlocked.Breaking the situation: a two-pronged investigation and evidence collection can not find the parties to verify the authenticity of private lending.Li Qian quickly sorted out her ideas and decided to do both.On the one hand, from yan in the loan company.The paper used for the loan agreement is a company’s letterhead, with the company’s name, logo and address on each page.Li Qian inquired the industrial and commercial registration information of company A and company B.Data shows that the boss of a company is Yan mou and Ye Mou, and Ye mou happens to be the boss of b company.Li Qian also found several employees of the company by querying the social security payment of a company, and asked the public security organ to assist in querying the situation of several employees and Ye, according to the length of entry.On the other hand, from the public security organs to help check 32 borrowers associated with more than 1,000 phone numbers.The investigators of the public security organs said that these phone numbers are the registered numbers of the borrowers to purchase train tickets and air tickets, not necessarily the numbers the borrowers themselves are currently using.Li Qian and her assistant called one by one according to the number, but either no one answered or the other party said they had dialed the wrong number.”We talked on the phone for a week,” li said. “When I finally got through to Amin, I was so excited…”After knowing that the procuratorial organ made nearly a thousand phone calls to find him, Amin asked for leave from other places to rush back to Ningbo and stated the specific process of its loan.Originally, Amin is to see a small advertisement after finding an intermediary, the other party will take it to a company.The company employee Zhou received Amin, after viewing the relevant information of Amin, Zhou took out the loan agreement and service agreement for its signature.In fact, Amin only borrowed 12,000 yuan, but was told to write down 16,830 yuan and repay it in 10 installments since interest was included.In fact, Amin received the loan after deducting the first installment of repayment and handling fees, only the other party transferred him 10,578 yuan.A Ming does not know Yan mou, also do not know the service agreement on b company.The cash part of the receipt is zhou Mou let A-Ming write, do not write each other will not give a-ming money, A-Ming has never received the cash part.Final: 32 cases of false litigation were all cancelled the original trial judgment at this time, the results of the public security organs also came good news: Ye mou was sentenced by the court for extortion, is currently serving a prison sentence.Public security organs also found Zhou, Zhou said willing to cooperate with the investigation of the procuratorial organs.”We went to see Ye first, but Ye avoided our problems,” Said Li qian.Later zhou mou came to the procuratorate, we questioned him in detail.He is the director who reviews the borrower’s qualifications, which is to say, how much money will be lent to a borrower if they have the ability to repay the loan.”According to zhou mou’s statement, Yan mou and others lending techniques surfaced.Originally, when the borrower signed the agreement, Zhou will inform Yan through personal account lending, repayment is unified to ye mou account, the cash part of the receipt is “head interest”, the actual borrower did not receive cash, but as a service agreement in the borrower pay service fees.This service agreement is just to make “tao Dai” put on the cloak of legality.Figure out these facts, Li Qian again found Ye mou.Although ye mou has some defense, but Li Qian calmly use the loopholes in the defense to continue to ask, until Ye mou self-contradiction, unable to defend, and then honest facts.The prosecution believes that company A, with the purpose of illegal possession, hired Yan as the general manager of the company to enter into a loan agreement with the borrower, and signed a service agreement with the borrower in the name of the affiliated enterprise B company, and charged high service fees to achieve the purpose of inflated loan amount.After that, he recovered the arrears from the debtor through litigation and covered up the fact that he delivered the remaining money after deducting the service fee. His behavior characteristics were in line with the relevant elements of “routine loan”, and he was suspected of fraud and false litigation.Through the unremitting efforts of three public prosecutors, the procuratorial organ finally transferred the clues of a company’s suspected routine loan crime to the public security organ, which put on record for investigation;Yan mou involved folk lending cases to the court to put forward supervisory opinions.A few days ago, the court after a retrial revoked all the original judgment.Source: Justice Network

Leave a Reply

Your email address will not be published.