Being defrauded by loans, the process was full of twists and turns, and the police did not file a case.

I met a net friend at a campus activity. He was in charge of the activity. Later, he said that her boyfriend was ill and borrowed 65,438+million from June 2009 10 to May 2020. From June, 2020 10 to May, 2026, 5438+0, he said that he wanted to repay the loan, but the repayment was because foreign private loans needed to pay interest. From March 20021year to March 20021year, the client defrauded the applicant of 460,000 yuan by forging bank chat screenshots on the grounds that the bank card was frozen when the money arrived. Later, the applicant made up an online debt. From March to May, 2002/KLOC-0, the guest king claimed that the bank card was frozen and unsealed, and later lied about selling land in Russia to repay the loan, during which he entrusted others to repay the loan. Later, he said that his head was ill for a long time, and the client claimed that the client was dead and made a circle of friends. In June of 20021year, the customer contacted the applicant WeChat, saying that he was not dead but the money was gone. During this period, a small amount of repayment is entirely to cover up the facts, for fear that the applicant will find out the truth. Said he was cheated.

2 1 21July 14 police notification, September1notice of not filing a case, administrative reconsideration on September 2, etc.

Why is it difficult for the police to file a case for financial fraud? You will understand after reading it.

Recently, I saw many friends encounter all kinds of scams in Zhihu, especially killing pigs, illegal foreign exchange, futures, stock matching and so on. They want to call the police, but they don't know how to operate.

In practice, if investors and victims want to file criminal charges against such suspected economic crimes, which is also commonly known as reporting crimes, the first question that the police will consider after accepting a case is whether the case is a criminal crime or a civil economic dispute, because if it is a civil economic dispute, there is no criminal problem. Once the police file a case for investigation, they often worry about "intervening in economic disputes by criminal means", which will lead to misjudged cases, and so will the relevant police. So in practice, many investors and victims will complain that it is too difficult to file a case.

Secondly, many financial fraud cases are difficult to file. In my opinion, the main reasons are as follows:

First, it is troublesome to find a liar. Since you are a liar, you should have certain anti-detection ability, so it is not easy for the police to find a liar.

Second, the workload is large. There are many people involved in financial fraud cases and a lot of case materials, mainly because the victims are distributed all over the country. If the police handle a case, they need to travel all over the country, with a heavy workload and little funds, so it is difficult to file a case.

Third, the police force is small. The police have been busy dealing with ordinary criminal cases in the community. Besides, there is no time to deal with such financial fraud cases. That's understandable.

Fourth, there is little evidence and few clues. In particular, telecommunication network fraud is a non-contact crime, which means that the victim does not know who the liar is and the money is cheated. The evidence that the victim has is the bank flow, some chat records on the mobile phone or something on the liar platform, so the evidence is very limited. This has brought great difficulty to the police, so it is difficult to file a case.

Fourth, it is difficult to recover funds. Generally speaking, the police know that it is really difficult to recover the money from fraud cases. Unless the payment can be stopped quickly, it is difficult to recover the money. Of course, the main goal of the police is to catch the liar, but whether the money can be recovered is not a concern of the police. But the victim mainly wants his money back. What he cares about is money. The two are not on the same channel, so what is the purpose of the police criminal case? Therefore, since the victim's purpose cannot be achieved, there is no need to file a case.

Fifth, policy requirements. The so-called policy requirements are mainly aimed at cases of fund-raising fraud or illegal absorption of public deposits. For such cases, mainly P2P or private equity funds, it can't be completely said to be fraud, because there are some projects on these platforms, but the capital chain is broken, but there are assets, and it takes time to realize them. Since then, the policy requirement is that they withdraw from the formal funds, especially those that have been filed. Of course, they are formal because some products or projects do exist, and of course some don't. In this case, the public security also hopes that the platform can be benign, so it will not be filed.

In addition to the above reasons, the police will certainly have other reasons. Of course, the police also filed many cases, and the media also reported many criminal cases. It is because of these criminal cases that the police have no time to deal with other criminal cases. Therefore, victims should try their best to recover their money and rely entirely on the help of the police. Sometimes the help of the police is limited.

Why do liars always exist?

The author has been thinking about why liars always exist. Why can't we stop playing? The author believes that cheaters have always existed because the cost of illegal crimes is too low. Liars are very clever. If they are so clever, why do they lie? Why don't you do something serious and cheat? This is because it is too fast to get money through fraud. There is no industry like fraud, which can make money quickly and does not need too much cost. Its cost is nothing more than the transfer of funds. As long as efforts are made in the transfer of funds, that is, channels are found, then there is no cost.

When we are used to making quick money, we don't like the industry that makes slow money at all, that is, the formal industry. Therefore, scammers only like fraud and don't like the formal industry. This has also caused scammers to only deceive people, and scammers in other industries will not.

But in fact, cheaters are sometimes proficient in a certain industry. The reason why they cheat is because they have seized the loopholes in this industry.

The low cost of illegal crime is mainly because the police can't catch the liar basically, and the reason has been explained above in this article. So the legal risk is too low. Since the risk is so low and the money comes so quickly, why don't they engage in this business?

In addition, liars have a deep understanding of human nature, because they all have masters to train them, compile speeches and scripts, and seize the weakness of human greed.

The above are some experience summaries, which I hope will be useful to the victims. Returned women can be cheated, so sometimes, being cheated has nothing to do with IQ, and anyone can be cheated. As for why the victim was cheated, simply speaking, the reasons include: first, trust, second, greed, and third, gambling.

Have you ever had a similar experience? Welcome to leave a message to discuss and consult.

How will loan fraud be punished? What are its filing and punishment standards? Zeng Jie: Secretary-General of the Financial Crime Defense and Research Center of Jin 'azhuang Criminal Lawyers Team (Jin 'azhuang Lawyer Network) of Guangqiang Law Firm Abstract: Due to the different punishment standards for loan fraud in different places and periods, the author thinks it is necessary to systematically sort out the actual cases and relevant laws and regulations.

The crime of loan fraud refers to the act of defrauding banks or other financial institutions of a large number of loans by fictional facts or concealing the truth for the purpose of illegal possession.

This crime is a common crime in financial crimes. Since 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" determined the standards for filing and punishment (such as large amount, huge amount, especially huge amount), the judicial organs have made adjustments and corresponding refinements in different periods and places according to their own conditions. For example, the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II), which came into effect on May 20 10, raised the standards for filing and prosecuting loan fraud from 10000 yuan to 20,000 yuan, and the judicial organs in Guangdong, Zhejiang and Shanghai successively issued regulations, making different provisions on the relevant amount standards of this crime, with great differences. Therefore, the relevant punishment standards for loan fraud are different.

1. Criteria for criminal filing and prosecution of loan fraud:

Before 20,000 yuan, it was 1 10,000, but after 20 10, it was not 1 10,000. Now many people still think it is 10 thousand, which is simply misleading children. But I think the standard of 20,000 is still too low.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (II), which came into effect in May, 2065438+00.

The standard for filing and prosecuting the crime of loan fraud has been raised from 1 10,000 yuan to 20,000 yuan, which means that the standard of "large amount" in the crime of loan fraud has been changed to 20,000 yuan in the criminal law.

2. The standard of the crime of loan fraud is that the amount is large, huge and especially huge.

The punishment standard of this crime is more complicated, and the standards in different provinces are different. We discuss one by one:

China's criminal law stipulates that the crime of loan fraud:

If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;

If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;

If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

So what are the criteria for a large amount, a huge amount and a particularly huge amount?

According to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases":

If the amount of personal loan fraud is more than 654.38 million yuan, it is a "large amount"; (However, as 20 10 revised the standard of filing a case for prosecution, the standard with a large amount was adjusted to 20,000 yuan).

If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount";

If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".

Other serious circumstances and other particularly serious circumstances are: Other serious circumstances refer to: (1) paying bribes to the staff of banks or financial institutions for the purpose of defrauding loans, with a large amount;

(two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire;

(three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;

(four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period;

(five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period.

Other particularly serious circumstances refer to:

(1) bribing the staff of a bank or financial institution for the purpose of defrauding loans, with a huge amount;

(2) absconding with fund-raising funds;

(three) the use of loans for criminal activities.

The amount of some provinces and cities is relatively large, huge and particularly huge:

However, because the standard of huge amount, especially huge amount was formulated by 1996, the standard is too strict today at 20 18. Therefore, some provinces and cities have also set their own standards for the crime of loan fraud: Zhejiang: For example, the standards in Zhejiang are unified with the latest standards for filing and prosecuting, and 20,000 cases are relatively large, with the amount above 100.

Opinions of Zhejiang Higher People's Court 20 12 on the plot and amount standard of conviction and sentencing for some crimes.

If the amount of loan fraud is more than 20,000 yuan but less than 200,000 yuan, it is a "relatively large amount", and it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

If the amount of loan fraud is more than 200,000 yuan but less than 6,543.8+0,000 yuan, it is a "huge amount", and it is sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan.

If the amount of loan fraud is more than 6.5438+0 million yuan, it belongs to "extremely huge amount", and it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property.

For example, in the case of Xu loan fraud in Zhejiang, the defendant's loan fraud amount was 6.5438+0.8 million, which was characterized as a large amount. He was finally sentenced to one year and eight months in prison and suspended for two years and six months. Shanghai: Shanghai and Zhejiang have maintained the same standards. According to the Opinions of Shanghai Municipality on Specific Amount Standards for Handling Some Fraud Crimes (July 2011February),

Loan fraud is more than 20,000 yuan and less than 200,000 yuan, which is a "large amount".

Loan fraud is more than 200,000 yuan and less than 6,543.8+0,000 yuan, which is a "huge amount".

Loan fraud is more than 6,543,800 yuan, which belongs to "the amount is extremely huge". Jiangsu: The standards in Jiangsu Province are more relaxed: according to the Standards for Conviction and Punishment of Economic Crimes in Jiangsu Province (Minutes of Economic Crimes Conference) published on February 4, 20 17.

For the purpose of illegal possession, defrauding banks or other financial institutions of loans, the amount of which is more than 500,000 yuan but less than 2 million yuan, shall generally be deemed as "a huge amount" as stipulated in Article 193 of the Criminal Law; If the amount is more than 2 million yuan, it should generally be considered as "extremely huge amount" as stipulated in Article 193 of the Criminal Law. Guangdong: Moreover, the standards in Guangdong Province have been greatly improved: The Summary of the Symposium on Handling Crimes of Disrupting the Order of the Socialist Market Economy, which was implemented on 20 14, stipulates that:

On the amount standard of loan fraud, bill fraud, financial voucher fraud, securities fraud and insurance fraud. When the perpetrator commits the above types of fraud, the amount less than 400,000 yuan is "large", the amount more than 400,000 yuan less than 6.5438+0.5 million yuan is "huge", and the amount more than 6.5438+0.5 million yuan is "extremely huge".

For example, in the case of Guangdong Liang Juxian's credit card fraud and loan fraud, the defendant defrauded 260,000 yuan in loans, which was only recognized as a large amount and sentenced to three years in prison. Sentencing guidance of the Supreme Court: According to the Supreme People's Court's "Sentencing Guidance of People's Courts (Trial)" (20 10 version), (Sentencing guidance has only limited reference function because it has fallen far behind the standards stipulated by some provinces and cities), the starting point of sentencing amount for loan fraud is still 654.38+00000 yuan, and some provinces and cities will also refer to it: Article 74: Fixed term of less than five years. Ten thousand yuan, the benchmark punishment is six months in prison; For every additional 600 yuan, the sentence will be increased by one month.

Article 75 He shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

(1) If the amount of loan fraud is more than 40,000 yuan but less than 50,000 yuan, it is determined that there are other serious circumstances under any of the following circumstances. If the loan fraud is 40,000 yuan, the benchmark punishment is five years in prison; For every 800 yuan increase, the sentence will be increased by one month; If there is any increase, the sentence will be increased by six months:

(1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans;

(two) squandering loans or using loans for illegal activities, resulting in loans that cannot be repaid at maturity;

(three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;

(four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period;

(five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period.

(two) loan fraud of more than 50 thousand yuan, the benchmark punishment is five years in prison; For every increase of 3,500 yuan, the sentence will be increased by one month; Every time one of the circumstances specified in the first paragraph is added, the sentence is increased by six months.

Article 76 Fixed-term imprisonment of not less than 10 years.

(a) loan fraud of 6.5438+600,000 yuan but less than 200,000 yuan. One of the following circumstances, as "other special"

The circumstances are serious. "Loan fraud is 6.5438+0.6 million yuan, and the benchmark punishment is fixed-term imprisonment 10 year; For every additional 4,000 yuan, the sentence will be increased by one month; If there is any increase, the sentence will be increased by one year:

(1) bribing the staff of a bank or financial institution for the purpose of defrauding loans, with a huge amount;

(2) absconding with money;

(three) the use of loans for criminal activities.

(2) If the loan fraud is more than 200,000 yuan, the benchmark punishment shall be fixed-term imprisonment 10 year; For every increase of 6,543,800 yuan, the sentence will be increased by one month; For each case listed in the preceding paragraph, the term of imprisonment will be increased by one year.