Involving fraud, fund-raising fraud,
Crime of financial ticket, crime of illegal detention,
Crime of intentional injury and intentional homicide
In recent years, the increasingly active private lending has promoted economic development to a certain extent, but its disorderly development is beyond the control of the formal financial institutions of the country, which not only disrupts the financial order of the country, but also easily leads to economic crimes and violent crimes. In order to effectively crack down on crimes and protect the legitimate rights and interests of borrowers and lenders, the Beijing No.2 Intermediate People's Court conducted a special investigation on criminal cases caused by private microfinance in recent years, and held a news briefing today to put forward relevant suggestions in combination with trial practice.
From 20 15 to 20 17, Beijing No.2 Intermediate People's Court tried more than 20 criminal cases caused by private microfinance, with a total amount of more than 6,543.8 million yuan, involving fraud, fund-raising fraud, contract fraud, loan fraud, bill acceptance, financial ticket crime, intentional destruction of property, illegal detention and intentional injury.
(1) Crime of debt collection
Due to the debtor's dishonesty or inability to repay, the creditor's violent debt collection is triggered in an extreme way. This process leads to personal injury cases including creditors, debtors or third parties, or illegal detention cases caused by detaining or threatening debtors, or intentional damage to property cases caused by property losses. Some debt collection crimes involving high-interest loans also show the characteristics of professionalization of debt collectors, industrialization of debt collection by borrowing and gangs.
In a criminal case of illegal detention heard by the Second Intermediate People's Court on 20/0/6, the victim Wei was entrusted by her brother-in-law to borrow 900,000 yuan from Shao in his name, with a monthly interest of 1.8%. After failing to repay in time due to operating losses, Shao entrusted Wang and others to ask Wei for arrears. Wang and others detained Wei in a building in Fengtai District of this city, restricting his personal freedom and demanding arrears. During the period, there were abusive and corporal punishment behaviors, which caused Wei to commit suicide by jumping off a building in the detention center. After trial, the Intermediate People's Court sentenced Wang, Liang and Lu to 12 years, 10 years and 9 years respectively for the crime of illegal detention.
(2) Derivative crime
Private lending and financial crimes, fraud crimes and other illegal crimes have formed a complex situation of mutual induction and interweaving. Some small loan companies cheat loans from financial institutions or illegally raise funds from the public in order to obtain funds; Some fund-raising fraud criminals fabricated "high-return, low-risk" projects, and instigated victims to invest in loans from private microfinance companies by means of mortgages and loan contracts. After the incident, not only the investment money was lost, but also the mortgaged house was difficult to recover and suffered heavy losses; There are also a few borrowers who take risks because they owe usury, defrauding banks and other financial institutions for loans or defrauding other people's property, and heading for the abyss of crime.
In the Wu Mou loan fraud case tried by No.2 Intermediate People's Court on October 7, 20, Wu Mou was unable to repay huge debts due to usury, stole his father's real estate license, ID card and household registration book, forged his father's false documents such as marriage, income and consumption, and found a man to pretend to be his father, and signed a mortgage loan contract of 830,000 yuan with a bank. In order to help Wu Mou get a bank loan smoothly, He Mou forged the above-mentioned false documents in the process of handling the loan for Wu Mou on behalf of the guarantee company, and charged a benefit fee of 6,700 yuan. Wu Mou will use the above money to repay personal debts and living expenses, and then stop repayment. After trial, the Intermediate People's Court sentenced He to fixed-term imprisonment of 10 years for loan fraud and He to fixed-term imprisonment of 2 years for loan fraud.
1. The amount involved is large and there are many people, which is easy to cause interest-related cases.
2. The subject of crime is diversified, and professional lenders appear.
3. The crimes involved are relatively concentrated and the criminal means are diverse.
1. The borrower lacks legal knowledge and has a weak awareness of risk prevention.
2. Driven by speculation and the pursuit of wealth, blind investment.
In a fraud case tried by the Second Intermediate People's Court of the City on October 5, 20, the defendants Li and Zhang Fictitious Equity Investment Fund Management (Beijing) Co., Ltd. provided migratory bird pension service to trick the victim Yongmou and others into mortgaging their property to a guarantee company to borrow money, and put the borrowed money into the so-called pension service. After the defendant was unable to repay the loan, the victim not only did not enjoy the so-called pension service, but also faced huge economic losses that might lose his house.
3. The ability to evade the law is strong, and it is difficult for the regulatory authorities to grasp it in time.
The judge suggested:
(1) Strengthen legal awareness and risk prevention.
There will be no pie in the sky. Criminals often take advantage of some people's eagerness to invest and neglect prevention, and use private micro-loans to let victims fall into the investment trap.
In the face of high-yield products, investors should calmly analyze, compare benefits and risks, and participate cautiously; When helping others to handle private microfinance business, don't be credulous or blindly follow; When dealing with real estate investment, we should be more cautious and consciously resist illegal private lending activities.
Borrowers should borrow rationally, confirm loan demand and avoid blind borrowing; Clarify the purpose of the loan and ensure that the loan is legal; Establish a sense of good faith, do good faith lending, and ensure the benign operation of lending.
(2) Strengthen industry supervision and establish system norms.
2. Strengthen supervision and incorporate private lending into the financial supervision system. It is suggested that the regulatory authorities actively guide and help private lending companies to build risk early warning and response mechanisms and improve the risk control system of private lending companies; Improve the credit system of small and medium-sized enterprises and individuals, control financing risks, protect the legitimate rights and interests of financing parties, and ensure that private lending develops in a legal, standardized, safe and healthy direction.
3. Improve services and optimize the delivery of credit products. Banking financial institutions, small loan companies and other lending or financing institutions approved by the competent authorities should strengthen their service awareness, improve financial services, take practical measures, develop credit products for different groups, formulate credit products suitable for different groups, and guide private capital to invest and operate.
Beijing No.2 Intermediate People's Court will further implement the spirit of the Notice on Standardizing Private Lending to Maintain Economic and Financial Order, and severely crack down on all kinds of crimes caused by private micro-loans, especially crimes that endanger financial order and civil rights, such as illegally raising funds to issue private loans, taking loans from financial institutions at high interest rates, and violently collecting debts, so as to protect citizens' personal rights, safeguard people's property interests, and ensure the harmony and stability of Beijing's first-class areas.
Related Questions and Answers: Related Questions and Answers: What should we pay attention to in microfinance? I have been doing loan service for 16 years. Let me answer as an insider.
The behaviors such as "no early return" and "extortion" mentioned in the answer are all improper behaviors that have not found formal channels.
Therefore, if you need a loan, you should pay attention to one of the biggest prerequisites: formal channels.
How to tell whether it is a formal channel?
1. Do you have any business records?
2. Is there a license to check?
3. Are the application links and apps from the official channels of the brand?
In this way, even if you encounter a bad situation at the beginning, you can still apply for something. Don't look for unfamiliar private loans, it is difficult to trace back.
Of course, we should also pay attention to identification. Some fraud teams will pretend to be brand-name institutions APP, such as well-known financial service companies such as Zhongan Xinye and Ant Financial, to deceive borrowers.
Remember not to click on the loan application link or download link at will in places such as network pop-ups! Xiao 'an can identify the links related to Zhongan Xinye.
What should we pay attention to in solving the major premise of formal channels?
1, choose the right product.
Xiao Anjia, 16 years of experience, is also an old driver, with hundreds of historical and current products. Why do lending institutions have so many products? It must be people with different application conditions and product content to meet different needs.
For example, some products can be repaid in advance, but the cycle may be longer, which is suitable for people who need short-term capital turnover and it is not convenient to predict the repayment period.
Some products can be borrowed in combination to increase the upper limit of the quota. What do you mean? Assuming that boss A needs a business of 50,000 yuan in the short term, it is estimated that it may need about 65,438+10,000 yuan in the later period. Because of uncertainty and distressed interest, I don't want to borrow 654.38+0.5 million at once, so I can choose Xiao Anjia's portfolio loan, and I can apply for the second loan about 6 months after the first loan.
There are also exclusive products for different regions, such as Boxing kitchen ware market and other commercial areas, and the cost and quota are relatively more attractive.
Therefore, don't say that financial institutions lied to you, find the right channels and apply for the right products, so as to maximize your capital utilization and improve your satisfaction.
2. Complete certificate
Complete documents are the most important thing to improve the efficiency of loan application!
Generally, your account manager will inform you of the materials you need to provide in advance, or when you apply for a link directly, please be sure to prepare the real materials to upload, which will help to review the efficiency and issue the quota.
3. Identify the contract
Please be sure to read the relevant treaties in your contract, make clear the details of relevant expenses, and the possible impact of your rights and interests or breach of contract (overdue).
4. Repay on time
Needless to say, formal channels are generally connected to the credit information system, and overdue may affect your credit information report. In this society that looks at credit reporting, it will be a bit difficult.
5, do a good job of communication
Whether in the process of borrowing or repayment, if there is an accident, you must communicate with the account manager. After knowing your situation, the special account manager will try his best to help you adjust the loan application materials or repayment plan.
Remember not to refuse to communicate, so as not to affect your credit or turnover plan.
Of course, there are more small details or problems to pay attention to. Please feel free to consult Ann!