Who sold my house
Scammers also have to test to see if they can distinguish who is better.
On December 30, 2019, 52 defendants in a "routine loan" case in Beijing were sentenced separately. Prior to this, the principal had used violence, bribery and other means to build a criminal network, and also used test papers to assess employees and select crime targets.
The judging result of the law is a red cross, and fairness and justice are the only standard answer.
1
In the old house, Li Shuhui and her husband Yu Zexiang lived for 25 years.
In 2009, Yu Zexiang suffered a third cerebral thrombosis, and developed comorbidities such as dementia and heart failure. After being discharged from the hospital, he slowly recovered under the care of his wife, "can go upstairs and downstairs by himself, and walk in the community."
In addition to taking care of his wife, Li Shuhui learned to dance unrestrained national dance. Chen Ying (pseudonym) in the neighborhood next door teaches dancing, and the relationship between them is getting closer and closer.
On February 15, 2017, Chen Ying found Li Shuhui to introduce the "enzyme" health products of Beijing Xinyuan Shengye Biotechnology Company (hereinafter referred to as "Xinyuan Company"). This is not the first time Chen Ying recommended, "should give her a face", Li Shuhui agreed to go and see.
She remembers that she was taken to the office of Chairman Wang Shufang at Xinyuan Company. This company was founded in 2012, and its products include 6 types of enzyme concentrates and digestive enzymes. The company's official website claimed that the promotion of these enzymes "upgraded the enzyme from the level of health products to the level of'mastering the ultimate code of life, death, disease and death for humans'", which means "as much as the Revolution of 1911 fighting for freedom more than 100 years ago."
In fact, on the official website of the State Food and Drug Administration, these products claiming to be "anti-aging, weight loss, beauty, treatment, and life extension" can not be found even for the approval number of health products or drugs.
Li Shuhui is only concerned about one issue, whether "enzyme" can improve constipation, Chairman Wang Shufang gave a positive answer. "She said she didn't need to buy it, used my house as a mortgage, ate the product for free, and gave me a 1% profit every month. She said that this is "providing the elderly with a house" and revitalizing the real estate certificate."
Hearing "House", Li Shuhui hesitated for a while, "We're this suite".
Wang Shufang repeatedly promised that Chen Ying also "appeared to show up" that the company was full of people, and Li Shuhui agreed to try it. She didn't have a loan channel, and Wang Shufang immediately called, "I have an aunt here to make a mortgage," and reported Li Shuhui's mobile phone number.
The next day, a young man named Zhao Wenlong came downstairs to the old man's house to help him get a loan. Li Shuhui and his couple were taken to the Founder's Notary Office in Beijing and signed a thick stack of documents.
As early as 2015, Li Shuhui's left eye was blinded by glaucoma. Since then, her right eye vision has continued to decline. In order to see the contents of the document, she almost attached her eyes to the paper.
"I made 8 copies. I didn't tell me what happened, didn't let me read it, and didn't tell me the content." Li Shuhui recalled that when someone turned the document, turning a page pointed to the signing place and urged her to sign with her wife , She did not know what she signed.
Out of the notary office, Li Shuhui was taken to the Haidian District Real Estate Registration Office to go through the mortgage procedures. The old couple's real estate worth more than 4 million yuan, mortgaged 2.7 million yuan, hit Li Shuhui's account. Three hours later, the money was transferred to the account of Wang Deli, the father of Xinyuan Company Chairman Wang Shufang.
According to the contract signed between Li Shuhui and Xinyuan Company, Li Shuhui purchased 720 kg of SGD enzyme concentrate product for 2.7 million yuan. One year later, the company will repurchase in full at a premium of 12%. The contract also shows that the monthly interest of 81,000 yuan "incurred from a loan to purchase a product" is borne by SGD.
Starting from March 2017, Li Shuhui will receive a 1% "premium" of S$27,000 per month. "At the beginning, I was worried, and after five months of money, I was very happy." She did not realize that the so-called loan lender was targeting her house, and Wang Shufang was targeting the mortgage loan from the house. .
2
In the sixth month, on August 19, 2017, Li Shuhui received a call from the loan lender and asked her why she did not repay the interest. She hurriedly contacted Wang Shufang, but the other party "drags again and again."
A week later, Li Shuhui received a call from Chen Ying, "Sister Li, some of their houses have been transferred. Do you want to see if your house has been transferred?"
Li Shuhui hurriedly called back Yu Feng, the son of the small shop outside, and the two went to the Real Estate Registration Affairs Center of Haidian District to find out that just two days ago, her property was sold and transferred to a person named Liu Jun. She did not Get the sale price. "My heart is over, the house has been transferred, and there is no house."
A few days later, when Li Shuhui went to check the information again, he discovered that on August 29, this property was transferred to Beijing Baoling Trading Co., Ltd. for the second time. Li Shuhui went to Xinyuan Company to find Wang Shufang and found that she was not the only victim.
"China Youth Daily" had exposed similar scams on July 28, 2017 under the title "Why did they encounter the "housing for the elderly" scam". From August 14, the Founder's Notary Office was required to suspend business for rectification. The relevant department immediately stipulated that when an elderly person over 60 years old applies for notarization for enforcing enforcement, his or her children must be accompanied.
When viewing the conversation records of Wang Shufang and several victims, a reporter from China Youth Daily and China Youth Daily found that the new regulations correct the key points of the China-Singapore company model. The company became difficult when it wanted to introduce new senior buyer funds in August of that year. A number of victims have stated that on August 31, they saw some lenders coming to the club of the SGD company and had a dispute with the company. At around 10 pm, the police took Wang Shufang away for investigation.
At Founder's Notary Office, Li Shuhui also saw several elderly people with similar experiences. "We didn't know anyone at the time. I was new and added me to the group." She transferred some legal documents that she had signed from the notary office.
This includes a loan contract, an enforceable creditor's right document and a discretionary power of attorney. The trustee Lin Guoqiang and others can handle the real estate sales and purchase procedures, online signing procedures, bank repayment procedures, determine the house price, sell the property and collect the house payment, etc. These are the keys to her future loss of real estate.
"As long as you sign the power of attorney, after the notarization, your real estate is already in huge risk. The parties can basically say that they can no longer control the real estate. The trustee can sell the house and transfer the property at any time. "Wei Jianyong, a police officer of the Criminal Investigation Corps of the Beijing Public Security Bureau, said when introducing the case.
Among these documents, there is even a "property separation" agreement stating that "the house is fully owned by Li Shuhui and has nothing to do with Yu Zexiang." Li Shuhui said that she knew nothing about the agreement, but later realized that it was because the notary had found Yu Zexiang demented and speechless and had no capacity for civil conduct during the conversation. In fact, this property was distributed by the unit where Ze Zexiang was located, and was the common property of the couple's husband and wife.
3
At more than 10 am on August 21, 2018, Li Shuhui washed the clothes of his incontinent wife and opened the door to ventilate. Three big men in black clothes entered the living room. She later learned that the leader's name was Wan Chun.
There were three people at the door of the house, one stared at her, and the other two changed locks outside the door. Li Shuhui said that as soon as the lock was changed, Yu Zexiang in a wheelchair was taken out of the house by two strong men. The remaining four people dragged her out of the door and locked the door away.
Li Shuhui rushed to the police, and the old couple were taken to the Qinghe police station to make notes and stayed at the police station for one night. Because of the cold weather, a police officer gave his T-shirt to Yu Zexiang. That night, Li Shuhui's items in the room were loaded away overnight.
The two were penniless and only had two wheelchairs. The next day, the police bought breakfast for the second old, and the neighbor brought towels for Li Shuhui. Once the police station was over, Wan Chun and others drove the van to keep up with them. "Where am I going, where are they going."
The old couple stayed at the police station for 3 nights and went to McDonald's restaurant for 3 days. Yu Zexiang was always talking about "going home". On the seventh day, Li Shuhui took his wife back to the door of the community unit, found abandoned cartons, and spread out to rest.
The neighbor on the sixth floor brought them single beds. Li Shuhui said: "At that time I can't collapse, I will collapse, my wife will be over."
Ten days after leaving home, Yu Zexiang initiated a high fever. Li Shuhui summoned the courage and knocked on the door of the van that followed her. "I said I beg you to lend me some money. I brought my wife to see a doctor. He asked me how much I borrowed. I haven't borrowed any money yet, so I said you would borrow me 2000 yuan first.
Li Shuhui recalled that Wan Chun gave her 2,000 yuan in cash. She quickly took her wife to the nearby Beijing Social Welfare Hospital. On the same day, the doctor issued the Notice of Serious Illness. After the rescue, Yu Zexiang's life was saved. Relying on the help of relatives and friends, Li Shuhui stayed with his wife in the hospital for a month.
In early October, Li Shuhui took Yu Zexiang home from hospital. To her surprise, the door was open. "There was no movement in it. I pushed open the door and peeked out. There was no one in the room, just big footprints, cigarette butts, and nothing else."
She hurriedly called the police station: "Now my house is empty, can we live in it?" The policeman told her, "You rush in, the house is yours, you should have lived long ago."
Later, she realized that the reason why the door was open was that the "judge brought someone to see the room." Relevant legal documents show that in September 2017, the property was mortgaged by Beijing Baoli Trading Co., Ltd. to Cheng. Later, Cheng sue the company for the arrears. The company failed to fulfill the court judgment, and the Haidian District People's Court auctioned the house. "A notice was posted to allow me to make a room within 10 days."
"The neighborhood committee meeting and small meeting took me as a negative teaching material, and the neighbors avoided me." Li Shuhui lost 10 pounds and once wanted to go to the rooftop to end his life. But he couldn't find the way up for a long time and cried a lot. "I'm crying. I'm leaving. What should my wife do."
She fought for her rights and, with the help of other victims, Li Shuhui obtained the relevant proof of the criminal case from the case handling unit and filed an enforcement objection with the Haidian Court. After receiving the materials, the court ruled to suspend the execution of the house. This is a lucky luck. The last "set" did not lock her.
In February 2019, Yu Zexiang died. Li Shuhui felt very self-reproaching, and felt that she had not taken care of him when she ran between the public security organ, the procuratorate, and the notary office.
4
On September 27, 2018, as the police closed the net, a gang that set a trap for Li Shuhui and other victims was arrested.
The person who set the suit is Lin Guobin, who is the legal representative of Beijing Jingsheng Jiahui Investment Co., Ltd. and the actual controller of Beijing-Guangzhou Financial Service Outsourcing Company. He had previously worked as a salesperson for a real estate agency.
With his familiarity with the real estate agency business, Lin Guobin used his professional knowledge and industry experience to train a team of nearly 100 people. These people understand property transfer, notarization and commission, and there are lawyers and policemen in the gang, and even engaged in false lawsuits.
The police found that from 2013, the Lin Guobin gang began to use similar routine crimes. Among the victims were elderly people like Li Shuhui who financed the purchase of health products, elderly people who fell into the art auction scam, and middle-aged people who needed capital to do business.
From the outset, the person who set the plan carefully selects the target for the crime.
"The first target is the elderly, 60 to 90 years old. Second, the elderly generally have a room." Yang Yingda, the policeman who handled the case, said.
In practice, they will avoid people whose relatives are working in public prosecution agencies. In a test paper for employee assessment of Beijing-Guangzhou Financial Service Outsourcing Company, there is a blank question: "Which groups of people are restricted loans?" The standard answer is "black households, public inspection law, Fujianese, high-risk industries".
After choosing the target of the crime, the criminal gang lured the elderly with financial needs through various baits.
"Most of the victims wanted to invest abroad without funds in their hands. At this time, someone came and said that you have a house in your hand. Your house is money. You can mortgage the house." Zhang Jun, Civil Police of Chaoyang Branch of Beijing Public Security Bureau Introduction.
At this time, the victim will be taken to the notary office by the Lin Guobin gang, sign a series of legal documents, and notarized by a notary. Including the loan contract signed by Li Shuhui, the obligatory instrument of obligatory rights, and the power of attorney for house sales.
In fact, Article 186 of my country's Property Law and Article 40 of the Security Law both have provisions on prohibiting exile. When mortgaged real estate loans, even if the borrower cannot repay on time, the lender cannot directly obtain the real estate, but should obtain it through court litigation. However, through the aforementioned legal documents obtained at the notary office, the Lin Guobin gang bypassed the legally restricted area.
At Lin Guobin Company, the police found a blank document signed by some of the victims. The document stated: "If the repayment is not voluntarily agreed to voluntarily give up the ownership and use rights of the property and all items in the property, including but not limited to doors, windows, furniture, electrical appliances ."
Once the victim signed these documents, the Lin Guobin gang found an opportunity to create a breach of contract, and some people could not even find the lender at the agreed repayment time. "The phone just started to shut down, but then stopped. Upon checking, the house was transferred."
In order to transfer the real estate of the elderly, the Lin Guobin gang specially set up 5 shell companies, including Beijing Baoli Trading Co., Ltd., which Li Shuhui encountered. The gang members took the notarized power of attorney signed by the victim and transferred the property without the parties' knowledge. After the transfer, either sell the house through a real estate agent, or sell the house at a low price to other small loan companies, or even through false lawsuits, in the name of the borrower can not repay, apply to the court for enforcement, in order to dispose of the property and The price difference of the occupied house.
In the process of realizing the property, they used violent means to clear the house, causing some people to be homeless. In order to evade legal sanctions, Wan Chun and others in the gang responsible for cleaning the house seem to have nothing to do with the company, but they form a relatively fixed interest chain in private. Every time they cleaned the house, these people came forward to complete Lin Guobin.
"In order to circumvent the blow, he tried to separate these crimes involving evil factors from the company as much as possible." Zhu Feng, deputy commander of the Criminal Investigation Corps of the Beijing Public Security Bureau, said in an interview with "Beijing Time", "Routine loans involve evil and evil Crime is very different from the traditional crimes of the evil forces. From the case of Lin Guobin, we can see that he is a registered legal company, has different departments operating normally, and has entities. It is difficult for ordinary people to follow. Be discernible in performance."
During the interrogation, Lin Guobin once argued: "They found us, borrowed money from us, and took the house as a mortgage. It must have been plain. If you don't pay the money, we will sell the house. That's all right. I think I'm quite wrong."
Prosecutor Sun Zhenyu of the Third Branch of the Beijing Municipal People’s Procuratorate said: "Private loans, the lender obtains the interest paid by the borrower, but Lin Guobin's real profit lies in the huge value obtained by selling other people's houses and deceiving the victims to sign these contracts. And use these contracts to transfer other people’s property without authorization. This is a huge difference between him and normal private lending."
In April 2019, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the Opinions on Several Issues Concerning the Handling of "Routine Loan" Criminal Cases (hereinafter referred to as "Opinions"). "Opinions" pointed out that "Routine Loan" is for the purpose of illegal possession, in the name of private lending, to induce or force victims to sign "lending" or disguised "lending" "mortgage" "guarantee" and other related agreements, through false increase The amount of borrowing, maliciously creating breach of contract, wanton determination of breach of contract, destruction of evidence of repayment, etc. to form false claims and debts, and the use of litigation, arbitration, notarization or the use of violence, threats and other means to illegally occupy the victim's property. title.
5
Li Chunjie, the "military division" and lawyer of the Lin Guobin gang, has been the legal adviser of Beijing-Guangzhou Financial Service Outsourcing Company since November 2016. During this period, he drafted and perfected the legal documents signed by the victims for Lin Guobin.
Li Chunjie's other job is to appear in court to respond. After the old man was cleared, the Lin Guobin gang faced a lot of lawsuits. Qi Zheng, a lawyer who represented many victims in civil cases, remembers that in the court, even in the face of these helpless old people, Li Chunjie made false statements many times and deceived the court.
Prosecutor Sun Zhenyu of the Third Branch of the Beijing Municipal People's Procuratorate said: "He is a lawyer and has participated in a large number of litigation. We can see through the file that the victims have stated how they were deceived in the notary process. As a lawyer, Li Chunjie understands all the legal requirements I also saw that Lin Guobin’s actions still provide help, not only as an accomplice in fraud, but also as a member of a triad organization, and is an active participant."
Another member of the gang, a sheriff of a branch of the Beijing Municipal Public Security Bureau, invested RMB 700,000 in Lin Guobin’s Beijing-Guangzhou Financial Services Company in October 2016, accounting for 7% of the shares and paying dividends in proportion. He used the electronic key to enter the public security intranet and searched for personal information to judge whether it was conducive to cleaning the house.
In the WeChat group called "Headquarters" organized by Lin Guobin, when there was a dispute between the house cleaner and the elderly, the sergeant once issued a voice prompt to deal with this dispute: "Anyway, this situation can’t let you die. If they go in again, if the police station says, "Don't let them go in, it's easy to get out of danger", then you say, I have a solution. I rent them a house and open a hotel for them. Can they trust me if they don't go? If you can’t, you can deal with me, and you can’t deal with me. You can only let them go to court to sue me.”
Another part of the problem lies with the notary office. "Lin Guobin is able to legalize all criminal acts. It should be said that notarization has played a very important helping role." Sun Zhenyu said.
In fact, during the process of notarization, an assistant notary public found that there was a significant risk in handling such notarization, and reported this situation to Wang Chun, the minister of the four departments of the Founder's Notary Office. However, Wang Chun clearly asked the assistant not to give detailed information for the sake of personal interests and departmental interests, so as to avoid the loss of customers.
Wang Chun, as the director of the Notary Department of Beijing Founder Notary Office, the earliest commission was 25% of the fee, and later took the commission of 13%-15% of the business volume of the department. Evidence shows that in 2016 alone, his income reached 1.907 million yuan. The salary income of other notaries is all related to the business volume. For example, the notary Yang's bonus is 10% of the individual's fee.
Every year during the holidays, the notaries in the four notaries will receive gifts such as shopping cards and tea from Lin Guobin and others. The police also found some notaries in the bank running water and their financial transactions.
"They know that if the notification is clear, all the victims will not sign these contracts, and they will not be able to perform notarization without signing these contracts. The source of all their notarization fees will disappear. In order to ensure their own interests, even if they know Lin Guobin these The crime of routine loans will cause the loss of the victim’s property, but for their own benefit, they still sign these notarial certificates." Sun Zhenyu introduced.
The above-mentioned "Opinions" also made it clear that those who knowingly committed the crime of "Routine Loan" and assisted in notarization should be dealt with as an accomplice of the relevant crime.
In December 2019, the Beijing No. 3 Intermediate People's Court publicly sentenced 52 defendants respectively.
The court heard that the gang used the name of handling a mortgage loan to trick the victim to apply for notarization at the notary office to enforce the validity of the loan contract, the entrustment of the sale of the house, the entrustment of the mortgage discharge, and maliciously created breach of contract. Transfer to the organization's control. Then use violence, threats and other "soft violence" to illegally occupy the victim's property, realize the disposal of the defrauded house by selling it to a third party or using false lawsuits, and defrauding 70 sets of 68 victims including Li Shuhui Housing, causing economic losses of more than 178 million yuan.
The court finally punished the defendant Lin Guobin for the crimes of organizing and leading a triad organization, the crime of fraud, the crime of provoking trouble, the crime of false prosecution, and the crime of extortion and blackmail. Of the remaining 51 defendants, 11 were sentenced to more than 15 years in prison, and 9 were sentenced to confiscation of all personal property.
"Lin Guobin’s criminal society’s greatest social hazard, and its distinguishing feature is that the organization attracted lawyers and police with professional legal knowledge to join the organization, and the notary provided assistance to the organization’s illegal and criminal activities, undermining social integrity and National legal system construction," said Ma Xinjian, a judge of the Beijing Third Intermediate People's Court.
Vice President Xin Shangmin said that he would try to recover the property or recover the losses for the victims as much as possible to protect the legitimate rights and interests of the people.
"Now my wife has been away for almost a year, and this house is about to have a letter, and I will live alive. I live, my son has a dependant, and how old is a mother." When the case was sentenced, Li Shuhui was right A reporter from China Youth Daily and China Youth Daily said.
A few months later, her condition improved, her weight recovered, and she was full of words. The new crown epidemic delayed the progress of the court's enforcement, and she was looking forward to the property that was routinely taken back to her name earlier.
China Youth Daily · China Youth Daily reporter Liu Yan Source: China Youth Daily