China News Service, Nanjing, December 29 (Reporter Shen Ran) In the past eight years, more than 180 illegal and criminal activities such as loan fraud, on-lending usury, and extortion have been carried out, occupying more than 1 billion yuan of assets, bullying and mutilating the people, and causing huge financial institutions. loss……

  On the 29th, the People's Procuratorate of Jiangsu Province informed the public about the special struggle of Jiangsu Province's procuratorial organs in recent years.

Among them, ten typical cases, including the National Anti-gang Office and the Supreme People's Procuratorate’s listed supervision case-Zhou Xia's criminal organization case, demonstrate the complexity, arduousness and imperative of handling such cases.

  According to Wang Fanglin, deputy party secretary and deputy chief prosecutor of the Jiangsu Provincial Procuratorate, the case of Zhou Xia's criminal organization, which was listed as a case under the supervision of the National Anti-gang Office and the Supreme People's Procuratorate, is not only difficult and complicated, but also seriously disrupts judicial order. , Disrupted the order of financial management and disrupted the order of economic and social life.

  In 2010, defendants Zhou Mouxia and Jiang Mouqin relied on the company to gather and recruit personnel, and gradually formed a triad organization with the two as the organizational leaders.

The organization fraudulently obtained more than 700 million yuan in loans from financial institutions through fictitious transactions and other methods, and on-lending to more than 20 companies and individuals at usury. At the same time, it used methods such as pooling bank flows and setting up pledge traps to inflate huge debts for some companies.

  According to investigations, from 2010 to 2018, the organization carried out more than 180 illegal and criminal activities such as obtaining loans by fraud, on-lending usury, and extortion in Xuzhou, Jiangsu and Suzhou, Anhui, etc., and infringed more than 1 billion yuan in the assets of the victims.

  On March 5, 2019, the Public Security Bureau of Tongshan District, Xuzhou City opened the case for investigation.

Prosecutors at the two levels of Xuzhou City stepped in simultaneously and initially determined that the organization implemented different methods against different companies in the process of lending and debt collection, and there were acts of usury, "routine loans", and direct deception of property.

  Through the comprehensive collection of fixed evidence, the public security and prosecutors determined the specific methods used by Zhou Mouxia and others to commit the crime of "routine loans": On the one hand, they were pieced together to fabricate debts.

When the company contacted for debt repayment, it required the company to put the repayment funds into the accounts of others controlled by Zhou Xia, which caused the loan and repayment flow to be incompatible. Later, Zhou Xia and others pieced together the loan flow to fabricate "new debts"; at the same time, targeted a certain Some companies presuppose a pledge trap and then draw capital to "break the loan." When Zhou and others repay the old corporate loan, they require the company to set up a pledge of equity. When the company raises a margin from others and wants to apply for an acceptance bill to return the debt, Zhou Someone and others took advantage of the controlled corporate Internet banking to withdraw part of the money, resulting in the acceptance of the acceptance bill not being approved, and taking the opportunity to illegally occupy high-quality assets such as corporate equity.

  During the investigation, the prosecutor found that the organization used violence, threats or other means to organize several illegal and criminal acts such as illegal detention, provoking quarrels, gathering fights, forced transactions, and loan fraud. Dare to report charges or be forced to leave Xuzhou, causing huge losses to the bank.

  On July 30, 2020, the People's Procuratorate of Tongshan District, Xuzhou City prosecuted the case.

On October 23 of the same year, the People’s Court of Tongshan District, Xuzhou City issued a first-instance judgment, punishing Zhou Xia for organizing and leading a gangster organization, extortion and other crimes, and decided to execute 25 years of imprisonment and confiscated individuals. All property; Jiang Mouqin was punished for the crimes of organizing and leading a gangster organization, and provoking quarrels. He was sentenced to 15 years imprisonment and confiscated all his personal property. The remaining defendants were sentenced to 13 years to 1 year. Fixed-term imprisonment ranging from nine months to a year, and a corresponding property penalty.

Later, the case was ruled to dismiss the appeal and the original verdict was upheld.

  Wang Fanglin introduced that in this case, the procuratorial agency conducted a comprehensive re-investigation, substantive review, distinguishing between usury loans and "routine loans", focusing on the focus of the dispute, revealing false payment facts such as the creation of funds and flow of accounts, and deliberately creating breaches of contract or wanton identification of breaches The nature of the behavior, to accurately determine the crime of "routine loan".

  "With the increasing complexity of criminal and criminal cases, the Jiangsu Provincial Procuratorate has formulated 8 normative documents such as the "Opinions on Establishing a Mechanism for Handling Criminal Cases of Gangland Forces", and selected 1,256 backbone procuratorial organs across the province. The special class for black and evil has set up 176 specialized case handling teams. For areas with many difficult and complex cases and insufficient handling capacity, the Provincial Procuratorate will send personnel to guide and concentrate superior forces on the spot. The handling of the Zhou Xia case was deployed in this way. "Wang Fanglin told reporters.

  According to a report by the Jiangsu Provincial Procuratorate, in the past three years, the province has accepted and approved 1,733 criminal cases involving 4,793 people, approved 1,580 arrests of 4,276 people, accepted 1,433 prosecutions, 8752 people, filed 1,127 public prosecutions, and raised 7 Public prosecutions were filed in a nationwide listed supervision case, and a total of 7,577 gang members were sentenced in accordance with the law.

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