Be wary of free traps and use personal credit loans carefully
"Free plastic model" makes the plastic surgeon trapped in the loan whirlpool expert reminds
□ Our reporter Han Dandong
□ Su Xinyu, an intern from our newspaper
Not long ago, Guangzhou Tianhe police reported that it destroyed a large gang that used free medical plastic surgery as a guise to commit fraud and arrested 19 suspects, involving a total of 119 million yuan.
The gang deceived more than 1,200 victims into signing contracts to become "free plastic models" for medical institutions, and handled various high-value online loans for the victims.
After undergoing plastic surgery, the victim will fall into a "loan vortex", requiring monthly repayment of several thousand yuan to tens of thousands of yuan.
According to the police, the case used free plastic surgery as a gimmick, and first attracted customers to the company. After the customers went to the outpatient department, the salesperson arranged a "one-on-one" face-to-face consultation.
However, the so-called face-to-face consultation does not depend on where the surgery is to be performed, but the first time the client’s mobile phone is used to check the customer’s credit limit, check the bank card loan limit, and introduce the plastic surgery project based on the customer’s credit limit.
The salesperson and the customer signed the "Plastic Model Cooperation Agreement", "Portrait Rights Use Agreement" and other agreements, and used the credit of the victim to apply for loans from small loan companies and pay the plastic surgery fees.
The police reminded: beware of all kinds of free and all-return traps. When signing a contract, never trust verbal promises, read the terms carefully, and use personal credit to make loans carefully, and don't easily overdraft in the future.
Online loan fraud often happens
Hold the police to leave evidence
According to a reporter from the Rule of Law Daily, similar online loan frauds are not uncommon, and many have occurred this year alone.
Ms. Liu from Hebei Province has graduated from university for more than two years. On July 1 this year, she received a call from a stranger who first accurately reported her personal information such as her identity information, graduate school, and major. , Then claimed that she had a campus loan account on "360 Loan".
Ms. Liu said that she had never registered. The man claimed that Ms. Liu’s identity information may have been fraudulently used and the account was registered by someone else. If she does not cancel, it will affect her personal credit.
Later, the man used Ms. Liu's QQ account to send her the "360 Company" work card and information related to Ms. Liu's credit investigation to gain Ms. Liu's trust.
Under the guidance of the man, Ms. Liu downloaded the online loan software to borrow, and finally borrowed a total of nearly 130,000 yuan from Xiaomi Loan, Alipay Huabei and 360 IOUs, and transferred the loans to the other party.
Coincidentally, in August this year, Ms. Lan from Zhejiang Province received a message on QQ that a person claiming to be a financial customer service added him as a friend. The other party said: "When you were in college, you leaked it through a third-party campus promotion scan code. After receiving the information, she was registered as an online loan app under the false name, and was suspected of breaking the law. You need to loan out the amount of 30,000 yuan before you can close it.” Then she sent a bank account to Ms. Lan and asked her to transfer 30,000 yuan. To this secure account, you can clear and repair the credit information.
In order to prove that he is not a liar, the other party sent Ms. Lan the so-called work certificate and ID photo, and said that he would refund 30,000 yuan.
Under the guidance of the other party, Ms. Lan borrowed 30,000 yuan from Alipay and transferred it to the account provided by the other party.
After the transfer, Ms. Lan sent her bank card number and name to the other party and asked the other party to close the suspected illegal online loan app and transfer 30,000 yuan back to this card.
However, the other party has not returned any messages since then, and will block Ms. Lan.
So, how should victims of online loan fraud protect their rights?
"First of all, after discovering that you have been scammed, do not trust the perpetrator's words, and conduct transactions and payments again to avoid further losses. Second, you must call the police as soon as possible to save the transfer payment credentials, bank records, conversation records and other information , Because this is an important certificate for rights protection. At the same time, it can also cooperate with other victims to communicate with each other and collect evidence together, so that problems can be solved more quickly in the process of rights protection in the future.” Director of the Law Department of the School of Cultural Industry Management, Communication University of China Zheng Ning said.
Han Yingwei, a senior partner of Beijing Yingke Law Firm, also reminded the victims to collect and fix relevant evidence.
It mainly includes two aspects of evidence. On the one hand, it is the agreement signed with the online lending platform, transfer vouchers and other materials that prove its relationship with the platform, and the other is the screenshot of the online lending platform website, company-related photos, business information, and relevant internal personnel, etc. Information about the platform itself.
In addition, there are often many victims of online loan fraud, and they can hold groups to keep warm, establish WeChat groups, etc., to increase the influence of public opinion on rights protection and attract the attention of relevant state agencies.
Then report to the area where the platform belongs in time and provide relevant evidence materials.
In addition, Zheng Ning reminded that the virtualization of criminal space is a difficulty that victims may encounter when defending their rights.
Unlike traditional scams, the entire operation of online loan scams is done in a virtual space. The criminals and the victims do not meet directly, but communicate through chat software, emails, and telephones.
The identity of lawbreakers is concealed, and when they succeed, they will immediately destroy online and offline evidence, making it more difficult to crack down.
In addition, criminals trick the victim to go to the online lending platform and then transfer to the designated account. Although the crime of fraud can be determined, the victim's loan is obtained in his own name. If the repayment is not made in time Or handling, then it will affect the victim's personal credit, and even bear legal responsibility.
"In reality, after the victim reports to the police, when the police can detect the suspect, when the case can enter the judicial process, and when the case can finally be tried and convicted, it is also unknown. In legal procedures, the legal responsibility for fraud crimes is investigated. , Especially in some cases involving a wide range and large amount of money, the judicial process is relatively long, and it is not known whether the defrauded money can be recovered or how much can be recovered." Zheng Ning said.
Punishment for fraud
Civil compensation is essential
What kind of legal responsibilities should the relevant entities who use online loan frauds bear?
In this regard, Han Yingwei said that according to my country’s "Supreme People’s Court’s Interpretation on Issues Concerning the Specific Application of Law in the Trial of Unit Crimes", companies, enterprises, or institutions established by individuals for criminal activities commit crimes, or companies, enterprises After the establishment of a public institution, if the main activity is to commit a crime, it shall not be treated as a unit crime.
Once a fraud company is established for the purpose of committing illegal or criminal activities or committing crimes as its main activity, it shall be treated as a personal crime.
Individuals who defraud public or private property with an amount ranging from 5,000 yuan to 20,000 yuan or more shall be prosecuted.
"According to the provisions of the Criminal Law of our country, companies, enterprises, public institutions, agencies, and groups commit crimes against society if the law stipulates that they should be criminally liable. The principle of punishment for unit crimes is that if a unit commits a crime, the unit shall be fined. The person in charge directly responsible and other persons directly responsible shall be sentenced to penalties. Where the sub-rules of this law and other laws provide otherwise, in accordance with the provisions. The person directly in charge of the unit and other persons directly responsible for committing fraud in the name of the unit, fraudulent proceeds If the amount belongs to the unit and the amount is between 50,000 and 200,000 yuan, it shall be prosecuted." Han Yingwei said.
Han Yingwei said that according to Article 224 of the Criminal Law of our country, the above two types of criminals have one of the following situations, for the purpose of illegal possession, in the process of signing and performing the contract, defrauding the other party’s property, the amount of which is larger, Fixed-term imprisonment of not more than three years or criminal detention, concurrently or a fine; where the amount is huge or there are other serious circumstances, the sentence is not less than three years but not more than 10 years, and a fine; where the amount is particularly huge or there are other particularly serious circumstances, a penalty Fixed-term imprisonment or life imprisonment of more than ten years, and fines or confiscation of property.
"For the property loss suffered by the victim, according to my country's Criminal Law, if the victim suffers economic loss due to a criminal act, in addition to the criminal punishment in accordance with the law, the criminal shall be sentenced to compensate for the economic loss according to the circumstances. The crime of assuming civil liability for compensation If a criminal is sentenced to a fine and his property is not enough to pay, or if he is sentenced to confiscation of his property, he shall first bear the civil compensation liability for the victim.” Han Yingwei said.
In Zheng Ning’s view, in addition to the main legal liability for fraud crimes, fraud companies may also involve other related crimes, such as stealing or illegally obtaining citizens’ personal information by other means, in accordance with Articles of the Criminal Law. As stipulated in Article 253, criminal responsibility shall be investigated for the crime of infringing on citizens’ personal information.
The crackdown must be increased
Safety awareness must be enhanced
Online loans have given crooks an opportunity to take advantage of factors such as fast acceptance, simple review, and fast payment to the account.
Faced with this phenomenon, Han Yingwei suggested that first, relevant online lending platforms should strengthen supervision and severely crack down on illegal online lending; second, citizens should increase their awareness of self-protection, identify the characteristics of various fraudulent websites, and avoid falling into the vortex of fraud.
Zheng Ning suggested that one is to increase crackdowns and punishments.
The current law regards network telecommunications fraud as a general crime of fraud, and penalties are imposed on criminals based on the actual illegal gains found. This lacks specificity in combating network telecommunications fraud.
In this regard, the corresponding laws and regulations should be improved, and penalties for network telecommunications fraud should be increased.
The second is to strengthen the protection of personal information.
The public should increase their awareness of self-protection. Relevant departments and related companies need to cooperate together to regulate laws and policies, supervision, and industry self-discipline, so as to reduce the occurrence of information leakage incidents.
The third is to strengthen the responsibilities of operators.
Telecom operators should not only strictly apply real-name cards and strictly examine user identities, but also strengthen management and control of the phenomenon of SMS group sales in the market.
In response to common phishing links and false advertisements on the Internet, online platforms should fulfill their duty of review, block the spread of false information at the source, and remind users through pop-ups, mandatory reminders and other means.
Regarding how citizens can prevent online loan fraud, Zheng Ning reminds: First, do not believe in loan promotion such as "low interest, high amount, and fast arrival"; second, due to the mixed network information and numerous online loan platforms, the public must apply for loans. Carefully screen and choose formal institutions to handle business.
In the process of applying for a loan, you should carefully review the terms and conditions.
The regular online lending platform will not allow users to pay any deposits, service fees and other fees in advance. Any platform that requires transfers, deposits and other requirements has problems and must be vigilant at all times; again, protect your private information and don’t leave it to take advantage of The opportunity for criminals.
In Han Yingwei's view, first, establish a correct consumption concept, consume reasonably, consume moderately, and avoid blind consumption, and eliminate potential factors that fall into online loan fraud; second, improve your own cyber security awareness, enhance your ability to distinguish, and resist bad loans , To avoid falling into the trap of online loan fraud, and timely fix relevant evidence; third, do due diligence, if there is indeed a need for loans, be sure to choose a formal financial institution to guard against telecom fraud.