To detain the car, extort a "ransom" of 227,000 yuan.
A car loan company in Nanjing was jointly operated by defendants Li and * * *, and recruited many people to engage in car loans and other businesses.
From June 20 17 to June 20 18, 1, the company found the victim to be in breach of contract on the grounds of GPS problem of the victim's vehicle, overdue repayment for several days and early repayment. Towing the vehicle without permission and threatening to impound the vehicle or even sell it, asking the victim to pay off the loan in advance and pay liquidated damages, towing fees and other expenses. He has committed seven crimes successively, extorting and extorting victims such as Zhao * * * for a total of RMB227,000.
According to the judge, the company has a clear division of labor. Li is mainly responsible for reviewing loans, mainly for post-loan collection, Zhang is responsible for reviewing customer information, introducing business, towing and other activities, Qian is responsible for towing and negotiating with customers, and Zhou is responsible for installing GPS and trailers on customers' vehicles.
The court found that when the defendant Li and others borrowed money, they asked the victim to use the vehicle as collateral and signed a debit note far greater than the actual loan amount. Then in a very short time, they arbitrarily decided that the victim had breached the contract. Even if the victim didn't breach the contract, they drove the victim's car away privately, and then demanded the victim to pay the towing fee, liquidated damages, interest and other expenses to redeem the car, and threatened to sell the car.
In this case, the victim is forced to pay the so-called expenses or even "ransom".
Judgment: Five people were sentenced to fixed-term imprisonment for committing extortion.
"Their behavior is essentially to make others deliver property by means of illegal profit and intimidation." The court held that the defendant had repeatedly used coercion to obtain other people's property, and his behavior had violated the criminal law, so he should be investigated for criminal responsibility for extortion.
The court held that the defendants Li and others often gathered together to form a relatively fixed criminal organization, with obvious ringleaders and relatively fixed important members. They used threats for a long time in a certain area and carried out criminal activities in an organized and premeditated manner many times, which interfered with and destroyed the normal production and living order and caused a relatively bad social impact. They are criminal groups and belong to evil criminal groups.
Accordingly, the court made a first-instance judgment, and all five defendants committed extortion. They were sentenced to fixed-term imprisonment ranging from five years to two months to eight months, and fined 60,000 yuan to 10,000 yuan.
Judge: It belongs to "routine loan". Please pay attention to this precaution.
"This case is a typical' routing loan' crime!"
According to the judge in charge, "routine loan" refers to the illegal and criminal activities in which borrowers fabricate legal relations, form false creditor's rights and debts by inflating the amount of debts, and illegally occupy other people's property by means of violence, coercion or litigation, arbitration and notarization. "Routine loan" is not a crime, but a series of criminal acts, which will involve different charges, such as the crime of stirring up trouble, the crime of extortion, the crime of fraud and the crime of false litigation.
Subjectively, the main difference between the illegal crime of "routine loan" and private lending is that the illegal crime of "routine loan" aims at illegal possession of other people's property, while the lender of private lending collects the principal and interest according to the agreement when it expires, and does not have the purpose of illegal possession of other people's property.
Related questions and answers: