China News Service, Guangzhou, April 8 (Suo Youwei Wei Lei Li Yu) A reporter learned from the Guangdong Provincial People's Procuratorate on the 8th that millions of legal claims that eight legal creditors have failed to enforce in place for more than 10 years will be expected. The case stemmed from a false lawsuit over ten million that resulted in the debtor having no property to enforce.

In 2008, 8 legal creditors, such as a hardware machinery factory in Nanhai District, Foshan City, applied for pre-litigation property preservation to the original Guangzhou Luogang District People's Court in August 2008 due to a dispute over a sales contract with a lamp company operated by Luo Moufeng. The institute sealed down all the buildings on the leased plot of more than 80,000 square meters and the land located in Jiufo Industrial Park, Jiulong Town, Guangzhou City. After that, the above creditors filed relevant lawsuits with the Baiyun District People's Court of Guangzhou City, and obtained a civil mediation letter issued by the court, confirming that the debt was performed in two installments. The first-phase debt was implemented by the original Luogang Court in March 2009 using the first-stage land acquisition compensation fund levied by the government on the real estate involved in the above case.

The second phase of land acquisition compensation for real estate involved in the case is expected to be released in 2012, but because the court has taken measures to seize it, it will be deposited in the account designated by the court according to law to implement the second-term due debts of the above creditors (more than 4.7 million yuan) and For other debts to be executed, in order to evade execution, Luo Moufeng colluded with Chen Mouhui who once decorated his factory, fabricated a lighting company that had a huge loan with Chen Mouhui due to business needs, and fabricated the so-called non-repayment of principal and interest due 1251 For a civil dispute of 10,000 yuan, Chen Mouhui filed a civil lawsuit in the original Luogang Court on November 11, 2011. During the period, the so-called witnesses were also asked to provide a false "loan description" to confirm the source of the loan from the defendant Chen Mouhui and the process of loaning to Luo Moufeng.

Since then, the so-called plaintiffs have indicated to the original Luogang court that the settlement has been reached, and the court quickly concluded and issued two "Civil Mediation Letters", confirming that the lighting company should repay the principal and interest to Chen Mouhui for a total of 12 million yuan. In January 2012, Chen Mouhui "robbed execution" under the advice of Luo Moufeng and applied to the original Luogang Court for execution on the ground that Luo Moufeng failed to perform the mediation. After that, the original Luogang Court issued more than 12.28 million yuan of the second-stage land acquisition compensation for the immovable property involved in the above case as execution money to Chen Mouhui, which was ultimately controlled and used by Luo Moufeng.

This false lawsuit resulted in the consequence that there was no property available for execution, which made the second-stage claims of the eight aforementioned legal creditors, including the above-mentioned hardware machinery factory, unrealizable for 11 years. Therefore, they applied to the procuratorate for supervision.

After the Huangpu District Procuratorate accepted the case, it first initiated the investigation and verification procedure, took the final payment of the execution as the main line of investigation, created a new case handling model, and granted the civil prosecution department to centralize the implementation of false litigation and other criminal violations of the judicial order. Prosecution and other criminal procuratorial functions, strengthen the supervision of the public security organs. By jointly investigating and handling the criminal offences involved, with the help of public security organs, it was found that one of the first-hand payees, Huang Mouxin, was Luo Moufeng ’s uncle, and his account was transferred More than 4 million were executed. Later, it was quickly ascertained that the remaining first-hand, second-hand and even third-hand beneficiaries were Luo Moufeng's business partners or friends. The procuratorial organ and the public security organ formed an ad hoc group. In August 2018, they collected the key words and evidence that all the money involved was controlled and disposed of by the fake debtor Luo Moufeng in just 12 hours. The public security organ criminally detained Chen Mou Hui and 3 other criminal suspects.

At present, the two false civil mediation documents submitted by the Huangpu District Procuratorate to the higher-level procuratorial organ for protest have been revoked, and the original execution court made a ruling on execution reversal in March 2020. At the same time, Chen Mouhui and Huang Mouxin, who filed public prosecutions, were also found guilty by the court and ordered to recover the proceeds of crime. The legal claims of the 8 outsiders are finally expected to be realized. (Finish)