Ten million principal "Rigunli" succeeded more than 870 million yuan, Guangdong High Court pronounced on Zhang Yuanfeng's second instance for criminal case

Seize the property of others in the name of private lending

　　● The "routine loan" is for the purpose of illegal possession, under the guise of private borrowing, to induce or force the victim to sign "borrowing" or disguised "borrowing", "mortgage", "guarantee" and other related agreements, formed by inflating the loan amount, etc. False claims and debts, and illegal possession of the victim’s property with the help of litigation, violence, threats, and other means

　　● Although the methods of this criminal group are somewhat different from the typical "routine loans" in the past, the appearance is more "legitimate" and the protection against attacks is more "wise", but the nature of its illegal possession of other people's property has not changed.

The case has important guiding significance for the trial of the "routine loan" case

　　● The Guangdong courts further extended the trial function in the special struggle against criminals and evils, helped the industry regulators intensify the supervision and rectification of "routine loans", established and improved a long-term and regular governance mechanism against "routine loans", and tackled chaos from the source. Prevent and resolve the risk of "routine loans"

　　□ Our reporter Zhang Ningdan

　　In the past 14 years, with more than 10 million yuan in principal, through routine loans such as "Ribunli", a crime amount of up to 870 million yuan was realized, causing more than a dozen developers in Heyuan and Huizhou to suffer nightmares. As a result, some companies went bankrupt, leading to the suspension of more than a dozen properties.

　　On December 24, 2020, the Guangdong Higher People's Court made a final ruling on Zhang Yuanfeng's involvement in the evil case, rejected the appeal and upheld the original judgment.

Since then, Zhang Yuanfeng, as the chief element of the evil criminal group, has finally faced life imprisonment and confiscated all his personal property for committing crimes of fraud, extortion, on-lending usury, fraudulent loans, crimes of obstructing public affairs, and crimes of bribery. .

The family-style evil criminal group that he established with one hand was also wiped out.

　　What are the modus operandi behind the "routine loan"?

The reporter of "Rules of Law Daily" followed Zhang Yuanfeng's criminal context, explored the tricks behind "routine loans" and analyzed the social harm of "routine loans" and countermeasures.

　Put on the cloak of legal business

　　Create the illusion of private lending

　　Zhang Yuanfeng was born in Zijin County, Heyuan City, Guangdong Province in the early 1970s. Before graduating from high school, he followed his father to do business in Huizhou. He successively ran restaurants, woodware factories, and speculated on land.

Because he was the eldest son, Zhang Yuanfeng gradually controlled the family assets, and his wife, younger brother, sister-in-law and other family members all obeyed his instructions and arrangements.

　　At the beginning of 2000, the real estate industry in Huizhou, Heyuan and other places began to develop vigorously. Some real estate companies encountered difficulties in capital turnover due to large stalls. Zhang Yuanfeng and others also saw the huge "business opportunities" in them at this time.

However, what he is targeting is not real estate, but developers who "have rushed into medical care" due to lack of funds.

　　In order to conceal people's eyes, Zhang Yuanfeng, in the name of himself and his family members, successively established more than 10 companies including Huizhou Dahuxi Xiehe Woodenware Factory, arranging his family to serve as legal persons, shareholders or finance in the company.

These companies do not actually operate, but are used to open accounts, sign contracts, apply for bank loans, transfer accounts, file lawsuits, hire personnel, and facilitate the attachment of other companies’ properties and land.

In this way, Zhang Yuanfeng has put the cloak of the company's legal operation on a series of illegal and criminal activities.

Moreover, he usually lends funds in the name of himself or his family, creating the illusion of private lending.

　　According to Zhang Yuanfeng’s accomplices, his family members Zhang, Liu and others, the purpose of Zhang Yuanfeng’s loans was not to earn interest, but to embezzle the borrower’s property.

When signing the loan contract, Zhang Yuanfeng and the borrower agreed on a "yin and yang contract". One is a written agreement and the other is an oral agreement. The interest agreed in the written agreement is legal, and the interest agreed verbally will be much higher than the written agreement.

　　After signing the agreement, Zhang Yuanfeng will deduct interest for several months in advance, and ask the borrower to write an IOU, and write down the deducted interest as cash.

When the payment is not repaid by the agreed period, Zhang Yuanfeng will convert the unpaid interest into cost, sign a new loan agreement, and double-calculate the interest.

In this way, the principal will become more and more like a snowball.

When the borrower is unable to repay for a while, Zhang Yuanfeng will sue the borrower to seal the other party’s property, destroy the other party’s company, and eventually achieve the purpose of embezzling the other party’s property.

　　In a recording of a dialogue provided by the witness Lin, Zhang Yuanfeng brazenly introduced his "advanced experience".

　　In August 2004, the project undertaken by Hengmou reached the ceiling stage, and it urgently needed a sum of funds to improve the exterior wall and settle the project payment.

According to someone's introduction, Zhou Mouhua, the company's legal representative, found Zhang Yuanfeng, and the two parties agreed to borrow 6 million yuan at a monthly interest rate of 3.5%.

However, the loan agreement only stated that the monthly interest rate was 2.5%. At the same time, Hengmou was required to register the 23 shops and 12 houses in the project under Zhang Yuanfeng's name as a guarantee.

The receipt issued by Zhou Mouhua stated that “6 million yuan was received from Zhang Yuanfeng, of which 5.61 million yuan was transferred and 390,000 yuan in cash.” However, Zhang Yuanfeng directly deducted the “cut head interest” (that is, the one-time full charge Comprehensive service fee and all interest generated during the loan period) 390,000 yuan, Hengmou company actually only received 5.61 million yuan.

　　Since then, Zhang Yuanfeng has repeatedly borrowed money from Zhou Mouhua through this operation.

　　According to the final statistics, Zhang Yuanfeng actually used only 10.275 million yuan of principal, and through "routine loans" such as "returning profits", inflated the principal of the loan to about 20,990,000 yuan in a short period of time, and used various methods to illegally occupy the week. Some Hua's property was about 14.66 million yuan, and the actual principal paid was deducted, and the fraud was about 4.385 million yuan.

　　From August 2004 to June 2018, Zhang Yuanfeng successively used this method to swindle and extort 13 companies and related individuals in Heyuan and Huizhou, grabbing huge amounts of illegal proceeds.

As of the incident, Zhang Yuanfeng’s criminal gang had a total of 6 cases of land with a total of 58,000 square meters, 329 sets of real estate (buildings), with a total of 72,000 square meters, and bank deposits of about 168 million yuan.

　　The reporter of the "Rules of Law Daily" learned that the criminal mode of "routine loans" can be summarized as: creating the illusion of private lending, tricking the victim into accepting unequal contract terms, forging false bank flow, seizing the victim's rights registration certificate and keys, and unilaterally wanton The victim was found to be in breach of contract and maliciously increased the amount of the victim's loan by transferring a single account, both hard and soft to demand high expenses exceeding the scope of credit and debt from the victim, and even filed a false lawsuit to the people's court to obtain illegal benefits.

　Review and identify evidence materials

　　To clarify the truth

　　Since Zhang Yuanfeng’s criminal gang has committed the crime for 14 years, the crime amounted to more than 870 million yuan, which affected more than 10 companies in the two places and caused some companies to go bankrupt. 9 construction projects could not be constructed, sold and delivered normally, and hundreds of owners Due to the inability to receive the property as scheduled, petitions everywhere, and rights protection, the central government supervised the case as a key nationwide anti-crime case.

　　"Of the case files transferred to the court, there are more than 600 volumes of documentary evidence alone, most of which are false contracts, mortgage contracts and bank transfers signed by Zhang Yuanfeng and others with the victims." The Dongguan Intermediate People's Court was responsible for the first instance of the case. Judge Song Kunhe said.

　　In the court, Zhang Yuanfeng and his gang argued that the borrowing was voluntary and that he did not use fraud or deception. The borrowing was private lending.

Zhang Yuanfeng's defense lawyer also believes that Zhang Yuanfeng did not commit fraud and had no purpose of illegal possession.

　　The lender of private lending is mainly for obtaining high interest, and the borrowing behavior and amount are real.

According to the "Opinions on Several Issues Concerning the Handling of Criminal Cases of "Routine Loans", the two high-level and high-level publications, "routine loans" are used for the purpose of illegal possession, under the guise of private loans, to induce or force victims to sign "loans" or in disguise. Relevant agreements such as "lending", "mortgage" and "guarantee" form false claims and debts by inflating the amount of loans, and illegally occupy the victim's property by means of litigation or the use of violence, threats and other means.

　　In order to find out whether the behavior of Zhang Yuanfeng and others was normal private lending or "routine lending", Song Kunhe reviewed and screened the evidence materials one by one.

　　In order to solve the problem of evidence production, the court specially arranged a week for the defendant to review relevant evidence under the witness of the defender.

　　After carefully reviewing and confirming the victim’s statement, witness testimony, co-accused confession, and Zhang Yuanfeng’s handwritten account books, dialogue recordings, capital flow, false receipts and other evidence materials, Song Kunhe believes that the criminal methods of Zhang Yuanfeng and others are completely in line with the “routines”. The constituent elements of "loan".

　　In the end, the court of first instance found that Zhang Yuanfeng constituted the crime of fraud, extortion, usury on loan, fraudulent loan, obstruction of public affairs, and bribery.

The 924-page, more than 500,000-word verdict itemized the criminal facts and evidence materials of Zhang Yuanfeng and others, and elaborated on the reasons for the court’s decision.

　　Zhang Yuanfeng and others refused to accept the judgment of the first instance and filed an appeal with the Guangdong Higher Court. His defense lawyer also submitted more than 160 pages of second-instance defense opinions.

　　The collegiate panel of the court of second instance carefully reviewed all the materials of the case, met with the defender, and heard the defense opinions in person.

After many deliberations and repeated studies, the court of second instance held that the facts found in the original judgment were clear, the evidence was reliable, and sufficient, the law was applied correctly, the sentence was appropriate, and the trial procedures were legal and should be maintained.

　　"Although the methods of this criminal group are somewhat different from the typical "routine loans" in the past, the appearance is more "legitimate" and the protection against attacks is more "wise", but the nature of its illegal possession of other people's property has not changed. The trial of the'routine loan' case has important guiding significance." said Shao Weiguo, vice president of the Guangdong Criminal Law Society and professor of the Law School of Guangzhou University.

　　Some experts suggest that if you suspect that you have encountered a "routine loan", you should first consult a professional institution or professional in the legal or judicial practice circle, preferably a professional lawyer proficient in private lending, to judge the nature of the case, and distinguish whether the nature of the loan is usury or " Routine loans".

If you find it is a "routine loan", you should call the police as soon as possible.

If you have fallen into the "routine loan", that is, the "routine loan" operator has passed an effective civil lawsuit judgment to determine that the borrower needs to repay the "routine loan" debt, and there is no need to panic, you can apply to the court for a retrial.

Comprehensive investigation and precision strike

　　Establish a sound prevention mechanism

　　It is understood that since the special struggle against criminals and evil, Guangdong courts have concluded 212 cases involving “routine loans” involving 1,205 people, with assets of nearly 620 million yuan involved.

Many criminal organizations involved in gangs have used "routine loans" to extract illegal benefits, which has caused great harm to local economic development, social stability, financial order, and people's lives and property.

　　The "'routine loan'" case is obviously intelligent, organized and profit-making. Criminals use various methods to create the illusion of private loans, forge a complete'chain of evidence', and use false litigation to achieve illegal purposes. Concealment and deception are strong.

"Chen Xiaofei, president of the Criminal Division I of the Guangdong High Court and director of the Anti-Magazine Office, said, "If such cases cannot be screened in a targeted manner, it will be easy for them to succeed, and it will also damage judicial credibility.

"

　　In order to avoid omissions in the trial of "routine loan" cases, the Guangdong court has established a screening and handling mechanism for the entire process of filing, trial, retrial, and execution of such cases, and intensified their efforts to check and investigate.

　　When filing a case, the court implemented compulsory searches on private lending cases and related cases, marked the occurrence of more than 3 private lending cases with the same plaintiff, and provided early warning of cases where routine loans exist or may exist.

During the trial of the case, in principle, a court investigation or trial is required, and both parties are required to come to court for court inquiry.

During the review period of the retrial, if it is found that it is indeed a “routine loan” illegal activity, it shall be ordered to arraignment in accordance with the law, or the original trial court shall be ordered to correct it in a retrial.

In the case execution stage, use the execution information system to strengthen the search and investigation of execution cases, especially the private loan series of the same applicant.

　　The Guangdong court has also established a clue handling mechanism for "routine loans" and a ledger for "routine loans" cases.

　　According to Chen Xiaofei, when the Guangzhou Intermediate People’s Court of Finance tried a case of private lending, it found that the plaintiff was suspected of a “routine loan” group by calling the plaintiff himself, and then transferred it to the public security organ for investigation and destroying the group. Crime dens and arrested more than 10 suspects.

The Foshan Intermediate People's Court assisted the public security organs in investigating the "8·10" project of Guangdong Province's first "routine loan" criminal gang by transferring clues.

　　On the basis of screening and investigating existing cases, Guangdong courts also broadened the sources of clues, requiring courts across the province to sort out nearly 50,000 private lending dispute cases handled since 2015, and comprehensively investigate suspected violations of "routine loans" Criminal clues.

　　"Identification and investigation, prevention of omissions, and precise strikes are only the first step, and more importantly, the establishment of a sound prevention mechanism." Chen Xiaofei said.

　　The Guangdong courts further extended their judicial functions in the special struggle against criminals and evils, and successively issued 148 relevant judicial suggestions to give full play to the proactive role of the judicial organs in preventing the issue of "routine loans" and help the industry regulators to increase the supervision and rectification of "routine loans" Intensify efforts to establish and improve a long-term and regular governance mechanism for cracking down on "routine loans", tackle chaos from the source, and prevent and resolve the risks of "routine loans".

　　How to prevent "routine loans" from happening?

Some experts advise on this: First, you must restrain your desires and don't borrow for pleasure.

Secondly, when there is a real need for funds, try to find a legal institution to borrow. It is indeed necessary to borrow from the private sector. It is also necessary to understand the necessary financing knowledge before borrowing. This is a magic weapon to prevent "being routine".

Thirdly, when private lending, we must beware of "cut head interest" and "yin-yang contract."

It is particularly important that when borrowing money, you must not sign the "blank entrustment contract", because the "routine loan" lender will require the victim to sign on the blank contract such as the discretionary house lease and property transfer, as long as the victim loses With the ability to repay, they will initiate litigation and take possession of the victim’s property.