Original title: After falling into a "routine loan", he asked us for help
"It has been almost 8 years, and my nightmare is finally over!" On May 31, Shan came to the hospital again and presented a paper with "Justice" printed on it. A banner with the words "Enforcement is fair and fair to the people" excitedly held my hand and thanked me repeatedly. At that moment, I felt the pride of being a prosecutor.
Inexplicably trapped in "routine loans"
On August 24, 2016, Shan, a native of Lucheng, Wenzhou, who was in urgent need of money, received an online loan advertisement, saying "zero threshold, no mortgage, quick loan". According to the content of the advertisement, Shan quickly contacted Xia.
Xia readily agreed to borrow 10,000 yuan. After the two met, they verbally agreed that 2,000 yuan would be "head-cut interest", and the weekly interest would be 2,000 yuan, and the principal would be repaid within half a month. Subsequently, Shan received 8,000 yuan in cash and was asked to sign an IOU, stating "a loan of 10,000 yuan with an interest rate of 2% per month." He was also asked to take photos holding the IOU and cash. Xia also transferred 10,000 yuan to Bill through a lending platform and asked him to immediately transfer the money to Xia's nephew's account.
The content of the IOU was inconsistent with the actual situation, but Shan didn’t think much about it at the time because he was in a hurry to use money. After that, he paid 2,000 yuan in interest every week, but he was unable to repay the principal after the half-month loan expired.
Looking at the helpless Shan, Xia suggested that he borrow "new debt" to repay the "old debt". Shan thought there was no other way, so he signed an IOU with Xia for a loan of 50,000 yuan. Just like the first loan, Shan actually only received 28,000 yuan. Unknowingly, Shan got deeper and deeper into the "routine loan".
Shan "tear down the east wall to pay for the west wall", can only barely pay the interest, and is completely unable to repay the principal. To this end, Xia gathered social workers to collect the debt through door-to-door collection and threatening the safety of Shan's children to collect the debt. After
repeatedly urged to no avail, on March 10, 2017, Xia sued Shan to court with a written complaint, and attached evidence materials such as IOUs, photos, transaction details, etc., but Shan was unable to provide relevant evidence. In the end, the court supported Xia's lawsuit and ordered Shan to repay Xia's loan of 60,000 yuan and interest.
At this time, Shan had been emptied of his money by "routine loans" and was also included in the list of persons subject to execution for dishonesty. Shan became a "lao lai" and his work and life were hindered from then on.
Application for supervision led to a series of cases
In December 2019, Jin, a party in a private loan dispute case, applied for supervision from the Wenzhou Municipal Procuratorate, accusing him of being defrauded by Xia through the implementation of "routine loans."
After this clue was handed over to our hospital, during the verification process, a series of private loan dispute cases involving Xia immediately came into our sight, including a loan dispute case in which Xia sued Shan. Through big data analysis and judgment, we believed that this series of disputes was likely to involve false litigation, and immediately opened a case for investigation.
We reviewed the original trial files, and after careful review, we found that the evidence in this series of dispute cases was single and similar. They were all on-site photos taken by the borrower holding IOUs and cash. This became the only way for the original court to determine that Xia had borrowed money from others. evidence.
In order to further find out the loan facts, we decided to start with the loan dispute case in which Xia sued Shan, and contacted Shan as soon as possible to understand the situation.
Shan couldn't help but get red-eyed when talking about the life of a "lao lai" in recent years. "My family and I have been living like a baby in the past few years, and I still can't understand why I couldn't pay back the loan I just borrowed 10,000 yuan!"
We asked Shan in detail about the formation of the IOU, the payment of the loan, etc., and found that Shan's The statement is very similar to what Jin and others said: after they borrowed money from Xia, they were immediately deducted "head-off interest" and paid interest on a weekly basis during the borrowing period; when the loan expired, they were unable to repay the principal. Xia then increased the loan amount by superimposing high interest rates and liquidated damages, forcing them to sign and fingerprint the IOU provided by him, and then take photos with the IOU and the cash provided by him. After the photo was taken, the cash was immediately taken by Xia. take away.
None of this is a coincidence.When we further reviewed and analyzed the bank account flows involved in the series of cases, we made a major discovery: At that time, when Xia borrowed 68,000 yuan from Jin, after taking Jin to the bank to withdraw money, only 18 Minutes later, they returned to the bank to deposit money. This behavior is obviously unreasonable. At this point in the investigation, we can basically conclude that this series of cases contains "routine loan" crimes and false litigation.
In March 2021, under the legal supervision of the Wenzhou Municipal Procuratorate, the court initiated a retrial procedure for the private loan dispute case between Xia and Jin, and finally changed the verdict of the case and revoked Xia’s lawsuit.
The criminal and civil society worked together to promote the change of sentence
In view of the possible suspicion of criminal crimes in this series of cases, our court transferred relevant clues to the public security organs for investigation. In March 2022, Xia was sentenced to fixed-term imprisonment and fined by the court according to law for committing fraud.
Based on the criminal judgment, our court proposed a retrial prosecution proposal to the court. On July 6, 2023, the private loan dispute case between Xia and Shan was retried and revised. From then on, Shan no longer had to worry about the unpaid "loan".
At the end of April this year, Shan’s record of breach of trust was removed, and his nightmare that lasted for nearly 8 years was finally over.
In recent years, new types of false lawsuits caused by "routine loan" crimes have occurred from time to time, which not only infringes on the legitimate rights and interests of the victims, but also seriously interferes with judicial order. The procuratorial organs insist on carrying out regular supervision of false litigation, take the clues of abnormal cases discovered as a breakthrough, actively exercise the power of investigation and verification, and substantively review and screen the nature of false litigation of "routine loans". At the same time, we actively implement the requirements for the integration of supervision and case handling, strengthen the coordinated performance of civil procuratorial work and criminal procuratorial work, and not only supervise the courts to correct civil false claims, but also strictly review and prosecute crimes. The integration of criminal and civil affairs forms a joint force of supervision, severely punishing the crime of "routine loan" in accordance with the law, and actively Create a fair, just, honest and trustworthy social environment. (Lucheng District Procuratorate, Wenzhou City, Zhejiang Province Lin Jie, Shi Jun, Wang Fenghong)
(Source: Procuratorate Daily)
