We must effectively crack down on illegal and criminal activities on the Internet.
We will crack down on new cyber crimes such as online gun trafficking, online pornography, gambling, online pyramid schemes, and online routine loans in accordance with the law, and effectively eradicate the black industry chain in the cyber security field.
—— The Ping An China Construction Work Conference held on November 10 requires that the comprehensive prevention and control system for the network society should be continuously improved, and efforts should be made to create a clear cyberspace.
At the beginning of November, the reporter walked into the Office of the Leading Group of the Third Branch of the Beijing Municipal People’s Procuratorate for the Evidence Reference Standards for Triad Cases Involving Real Estate "Routine Loan", "Research on the Legal Application of Real Estate "Routine Loan" Cases Involving Triad Cases", "Routine "Guidelines for Criminal Prosecution of "Lending" Cases" and other materials come into view. This is the crystallization of the experience of procuratorial organs in handling cases. It records the process of the destruction of Lin Guobin's criminal organization of the underworld. The "Beijing Model" of crime.
Starting in 2013, 56 criminal organizations including Lin Guobin and other criminal organizations, in the name of Beijing Jingsheng Jiahui Investment Co., Ltd. and Jingguang Financial Service Outsourcing (Beijing) Co., Ltd., have targeted vulnerable elderly groups in 11 districts and counties in Beijing. The implementation of a full chain of real estate loan fraud crimes integrating mortgage loans, document notarization, empty-shell households, violent house clearance, and false litigation has caused many elderly victims to be violently driven out of their homes and displaced, and rights protection has been unsuccessful for many years.
However, Lin Guobin and others have repeatedly escaped legal sanctions by using the cover of the "routine" coat.
They commit crimes frantically, defrauding 72 victims of 74 properties, the value of which is as high as 180 million yuan, and what they did is grimace.
The nightmare begins
"I killed a family, how can I live?"
On August 21, 2018, the policeman’s law enforcement recorder from the Beijing Qinghe Police Station recorded this scene: Li, a 66-year-old man, lay leaning against his home in the North District of Qinghe Woolen Residence in Haidian District, crying bitterly: “I killed a home. How can I live?" She cried and said that after being carried out of the house by four people, because the door lock was changed, she could no longer enter the house where she had lived for more than 20 years, and her wife was in a wheelchair without clothes. She was cleared out of the house when she was allowed to wear.
Li is a retired employee of a Beijing supermarket group and enjoys a peaceful retirement life.
In February 2017, because she easily believed a friend’s recommendation, she mortgaged her house to Lin Guobin Company for a loan of 2.7 million yuan, and invested the money in Beijing Xinyuan Shengye Biotechnology Co., Ltd. (hereinafter referred to as "Xinyuan Company") In the "House for the Aged" project, the elderly can get 1% of the company's SGD rebate, or 2700 yuan per month, and can also eat the company's enzyme health products for free.
The nightmare happened.
Soon, the people of Xinyuan Company went to the building. Under the urging of friends, the old man went to the real estate trading center and found out that his house had been sold to Beijing Baochu Trading Co., Ltd. (hereinafter referred to as " Baochu Company").
What's more frightening is that Baochu Company mortgaged the real estate to Cheng, and Cheng has sued Baochu Company in the Haidian District Court for repayment, and the elderly's real estate has entered the execution process.
After being cleared of the house, Li and his wife lived on the streets during the day and slept at McDonald's at night.
Three days later, when his wife repeatedly said that they wanted to go home, they went back to the community and lived on a sheet of iron bed outside the house.
Before long, his wife passed away with hatred.
Li went to many places to report the case and ask for help, but because there was no flaw in the form of selling the house at all, the old man's asking for help hit a wall everywhere.
Ms. Cui, who lives in Qianhejiayuan, Chaoyang District, Beijing, suffered from this misfortune. After she borrowed from a small loan company with a mortgage, the lender deliberately hid, causing Ms. Cui to be unable to repay the money, and then the house was also unknowingly It was sold, the door of the house was forcibly picked during the day, and the household items were thrown downstairs through the window.
At the same time, the violent house clearance personnel also threatened Ms. Cui who tried to use scissors to commit suicide with "I know your daughter's whereabouts".
The daughter of Ms. Cui, who witnessed the process of being pried open, has subconsciously hid when she hears others opening the door.
Supplement 669 volumes of evidence materials
Since May 2018, the Chaoyang Branch of the Beijing Municipal Public Security Bureau has successively received reports from many elderly people, reflecting that they were defrauded of real estate by Lin Guobin and others and were cleared from their homes.
After 6 months of careful investigation, the public security agency arrested Lin Guobin and others on September 27, 2018, and determined that the case code was "9.27".
Subsequently, the case was transferred to the Beijing Chaoyang District Procuratorate for review and arrest. The Beijing Municipal Procuratorate selected the backbone of the City Procuratorate, the Third Branch of the City Procuratorate, and the Third Level of the Chaoyang District Court to quickly set up a "September 27" case handling team, with the leaders in charge taking the lead in early intervention In the case, the investigation was guided to supplement 669 volumes of evidence materials, and the facts of the case were found out.
The review found that when Li was handling the loan contract, Lin Guobin and others colluded with Wang Junjie, a notary of the Beijing Founder Notary Public Office (sentenced), and handled the "Notarization of Enforceable Creditor’s Rights Documents" for the elderly, and they did not know Under the circumstances, Wang Junjie also handled the notarial certificate for the sale of real estate for the elderly.
The power of attorney indicated that Li had entrusted Lin Guoqiang, an employee of Lin Guobin, to handle real estate transfer and transfer matters on his behalf.
A paper notarization means that the old man’s real estate can be sold by Lin Guoqiang without his knowledge.
After the old man invested in the Xinyuan Company ran away, Lin Guoqiang, as a trustee, sold the house without authorization to Baochu Company, a back-to-house company established by Lin Guobin to transfer and dispose of the real estate.
What happened to the elderly, is it a normal private loan dispute or a routine loan fraud?
With the in-depth review by the prosecutors, the criminal facts of Lin Guobin's criminal organization of a criminal organization surfaced: Lin Guobin wooed the former police chief Pang Xiaotian (sentenced) of the inspection detachment of the Dongcheng Branch of the Beijing Municipal Public Security Bureau to invest in shares, and Pang Xiaotian used the police in his hands. The online query authority provides information on multiple victims of Lin Guobin's criminal organization of the underworld, helps select vulnerable elderly groups as targets for fraud, and uses public security expertise to provide ideas and solutions for criminal organizations to fight public security investigations and defend victims' rights.
At the same time, the case-handling team examined hundreds of gigabytes of electronic data and found firm evidence that lawyer Li Chunjie, Lin Guobin, a criminal underworld organization fabricated lies and conducted false lawsuits.
In the meantime, in order to illegally occupy the victim’s house and quickly grab illegal economic benefits, Lin Guobin’s underworld criminal organization colluded with two violent house clearance gangs, namely Wanchun and Tan Ning, and resorted to prying doors and changing locks, forcibly breaking in, dragging, threatening and insulting. Violent means such as occupying houses, forcibly expelling victims, relatives, and tenants from their houses.
Nine notaries knowing that Lin Guobin’s criminal organization committed fraud crimes, but still deliberately failed to inform the victims of the legal risks of entrusted notarization in detail during the notarization process, and handled the enforceable creditor’s rights documents, house sales entrustment, etc. for Lin Guobin and others. Notarized documents such as mortgage discharging entrustment, participate in fraud crimes.
According to the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Routine Loan" jointly issued by the High People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice, the case handling team accurately identified the case as a crime of routine loan fraud and guided the public security organs to revolve around Investigating the four characteristics of criminal organizations in the nature of the underworld, collecting and perfecting evidence, providing evidence support for the accurate identification of gang-related crimes and the additional identification of the Tan Ning Qingfang gang as an evil criminal group.
36 defendants pleaded guilty
"I want to express my sincere apologies to the victim. I will actively compensate the victim. I plead guilty and plead guilty. I hope the court will give me a chance to reform and re-behave." This is Pang Xiaotian, a police officer involved in the crime, on November 26, 2019. In the final statement made in the court, many defendants wept bitterly, pleaded guilty and repented.
At the beginning of the review of the case, this was not the case.
"The defendant in the whole case has not pleaded guilty as a whole, and the review work is facing tremendous pressure." Sun Zhenyu, director of the Third Prosecution Department of the Third Branch of the Beijing Municipal Procuratorate, told reporters.
After presenting all the evidence at the pre-trial meeting, the task force once again announced to the defendant the system of plea guilty and punished leniency and related policies, advising the defendant to abandon unrealistic illusions and plead guilty in the presence of evidence, and mobilize defense lawyers to assist in the development In the confession of guilt and punishment, 36 defendants signed a confession and confession in the face of sufficient evidence and firm facts.
During the trial, the case-handling team intensified the interrogation of defendants who applied the leniency system for confessing guilt and punishing, and fought back against false explanations.
For example, Han Wenjun, the core member of Lin Guobin's criminal organization of criminal underworld, admitted after pleading guilty and punished the act of donating a mobile phone to the principal notary Wang Chun. Defendant Wang Chun admitted this fact in court and admitted that he had many in the process of handling notarization matters. Violations of laws and regulations have had a positive effect on the trend of allegations in the entire court trial.
"In the hearts of our people, the house is the home. It is the material guarantee and spiritual home for each of our citizens to live and work in peace and contentment. It is the warmest, safest and happiest harbor for each of our families. It also carries our country and our The party’s warmth and affection for the people.” This is the public prosecution opinion issued by Tian Xianghong, the leader of the case handling team and the deputy procurator of the Third Branch of the Beijing Municipal Procuratorate.
Later, Tian Xianghong played a later video of visiting the victimized elderly to the court. In the video, the elderly suffered from illness and family breakdown. Many defendants wept after watching the video. They apologized to the victim and offered to make up for the economic loss of the victim.
Lin Guobin, the head of a criminal underworld organization, provided a number of clues on property refunds in court, and seven notaries made it clear in court to refund the stolen goods.
After unremitting efforts, more than 400,000 yuan was recovered in the whole case.
In the end, Lin Guobin and others’ dreams of crime were completely shattered, and 52 defendants were sentenced respectively. Among them, the main criminal Lin Guobin was sentenced to life imprisonment and confiscated all his personal property.
Issue a suspension letter to 9 courts
Li's real estate has already been sealed up by the Haidian District Court due to a false lawsuit filed by Lin Guobin's criminal organization of the nature of the underworld, and the investigation agency in this case, the Chaoyang Branch of the Beijing Public Security Bureau, is in the waiting state for sealing.
According to Article 20 of the "Notice on Regulating the Implementation of the People’s Court and the Assistance of the Implementation of the Land and Resources and Real Estate Management Departments" jointly issued by the Supreme People’s Court, the Ministry of Land and Resources, and the Ministry of Construction, Article 20: If it is all processed, the waiting line will automatically become invalid.
This means that if the false lawsuit cannot be terminated quickly, Li's real estate will soon be auctioned to other bona fide third parties.
There are also 23 properties facing this situation. The previous seizure agency seized the property because Lin Guobin, a criminal organization of the nature of the underworld, made a mortgage of the highest amount to a third party after obtaining the ownership of the house, and was unable to repay the mortgage. The real estate was seized due to prosecution, or the real estate was seized due to a false lawsuit filed by Lin Guobin’s criminal organization of the nature of the underworld. The victim’s 23 properties are at high risk of being executed by the previous seizure agency at any time. Once the property is executed and auctioned , The waiting list of the investigative agency will be invalidated, and the property will not be recovered after it is transferred to a third party in good faith.
In this emergency situation, the case handling team immediately issued a "Letter of Suspension of Execution" to 8 courts in Beijing and the court in Zhecheng County of Henan Province, suggesting that the previous seizure court should suspend execution of the property involved in the case, pending the investigation of the facts of the crime Unified disposal.
With the efforts of the case handling team, the relevant courts suspended enforcement of 23 properties, effectively preventing the illegal and malicious transfer of properties.
Not only that, in order to find out whether the final purchaser of the house involved in the case purchased in good faith, the case handling team guided the public security organs to question the current homeowner, collected evidence materials for the purchase of the house and bank records, and further traced the source of funds for the purchase of the house by the current homeowner. Explain whether it is a bona fide purchaser.
Up to now, the case has successfully entered the court's enforcement procedures, and the real estate involved in the case is being disposed of. After many years, the real estate of the deceived elderly will finally be available.
Promote verification of similar cases and purify the industry ecology
Since 2010, people have come to relevant departments to report that their real estate has been defrauded due to the handling of housing discretionary notarization. The case handling team has received more than 150 people's visits since it reviewed the case in June 2019 and reported that it was fraudulently reported by routine loans.
Real estate routine loan fraud is by no means a case. How to promote the investigation of similar cases and solve the hidden social problems is always accompanied by the review of the case handling team.
In order to promote the investigation of similar cases, the case handling team went to the court system in September 2019 to conduct a discussion on the work of "digging into the criminal clues of routine loans and protecting the legitimate rights and interests of borrowers", introducing in detail the mode of real estate routine loan fraud and identifying routines in civil trials The main points of concern for loan crimes provide advice and suggestions for the court system to verify whether there is a routine loan fraud in a judged housing sale dispute case.
Subsequently, a symposium was held to share case handling experience with a number of public prosecutors and judicial organs in the city, which promoted the handling of routine loan fraud cases that the public, prosecutors and judicial organs have been slow to “do not dare to do”, “do not know how to do it” and “fear to do the wrong hand” for many years. .
It is understood that in order to prevent crimes from the source at a deeper level, the case handling team held a discussion with the Beijing Municipal Bureau of Justice in May 2020, and focused on strengthening industry normative supervision, promoting and improving the supervision system, strengthening personnel awareness of risks in employment, and strengthening warning education, etc. The party issued procuratorial recommendations to the notary and lawyer professions.
Up to now, the Beijing notarization industry has formulated and issued more than 20 management systems and industry norms. The main persons in charge of the notarization office found in the rectification have not implemented one post and double responsibility, the daily management is extensive, and the quality supervision is neglected. The establishment of an effective internal supervision mechanism, unreasonable income distribution methods and irregular financial management have been rectified.
The lawyer industry has carried out a four-month special rectification action to find out and rectify key violations such as bribery, false litigation, crime-related crimes, serious violations of fees, and illegal part-time jobs that are prominent in the industry.
(Layout design/Zhao Yinuo)