Can you get an unsecured loan just by copying the materials? Recently, the Beijing No. 3 Intermediate People’s Court heard such a “handwritten loan” fraud case. Scammers advertise unsecured loans online, providing identity information "packaging" services to borrowers who are unqualified but in urgent need of funds, and even claim that they can get a loan by simply "copying the materials." But in reality, these fraudsters never apply for loans to borrowers. They just want to defraud the "packaging" fee and service fee.

Case Introduction

Due to personal credit problems, Teacher Liu Can cannot borrow money from formal financial institutions such as banks. In June 2020, Teacher Liu saw an advertisement posted by a company on WeChat Moments for "quickly handle unsecured large-amount credit loans and get loans quickly", so he went to the company to learn about the situation. Business manager Yan received Mr. Liu and said that he could apply for a loan, but he needed to be packaged as a sales manager of a car sales company to supplement his income and tax records, and he would need to pay a "packaging" fee and a loan service fee.

Teacher Liu was anxious for money, so he applied for a loan of 200,000 yuan and paid a fee of 13,000 yuan without thinking. The two parties signed an entrusted loan contract with an exemption clause, stipulating that if the bank refuses to lend due to the victim's fault, the fees paid will not be refunded. The next day, Yan provided a piece of material for Liu to recite in order to "prepare for face-to-face questions and answers." Two days later, the company's salesperson took Mr. Liu to the "loan company" for an interview. The "loan company" asked a lot of tricky questions, such as the bus route where the victim went to work, the buildings around the company, etc., leaving Mr. Liu speechless. In the end, Teacher Liu failed to pass the interview. Business manager Yan once again persuaded Mr. Liu that if he applied for a loan of 1 million, he could go through a special approval process and try to write it on the spot, but he would have to pay another 45,000. Teacher Liu was anxious to use the money, so he agreed again. During the "interview" again, Mr. Liu copied the materials by hand, but the other company also said that the written content was inconsistent with the original details, and the loan was still not allowed. Only then did Teacher Liu realize that he had been deceived and reported the case.

Court Judgment

The court of first instance distinguished the principal offender and the accessory offender based on the facts of the case, and considered the defendant’s confession and repentance, and compensation for some of the victims’ economic losses. Twenty people including Zheng were sentenced to prison terms ranging from one year and five months to thirteen years.

After the verdict of the first instance was pronounced, Tian and three others appealed to the Beijing No. 3 Intermediate Court on the grounds that the sentence was excessive. The Beijing No. 3 Intermediate People's Court held after trial that 20 people including Zheng used fabricated facts and concealed the truth to defraud others of their money. The actions of the appellant and defendant in the original trial all constituted the crime of fraud and were the same crime. . Except for Zheng, the defendant in the original trial, other appellants or defendants in the original trial who played a minor or auxiliary role in the fraud process were all deemed as accessories and were given lighter or reduced punishments in accordance with the law. After the defendants in the original trial, Zheng Zheng and others, were able to truthfully confess their crimes or voluntarily plead guilty in court, they would be given a lighter punishment. Appellant Yan et al. Part of the victim's economic losses were compensated and will be taken into consideration when sentencing. The court of first instance made a judgment based on the facts, nature, circumstances and degree of harm to society committed by the appellant and defendant. The conviction was correct, the sentence was appropriate, and the trial procedure was legal and should be upheld. Therefore, the ruling dismissed the appeal and upheld the original judgment.

Judgment Tips

Citizens should cultivate healthy consumption patterns and establish a good personal credit record. When we need a loan, we should apply through formal financial institutions such as banks. If you want to borrow through an intermediary, you need to carefully review the qualifications of the intermediary company and the salesperson. When signing the contract, pay attention to important information such as whether the lending company is a formal financial institution and the loan interest rate. Remember not to "copy materials" for loans, otherwise you may be deceived and cause property losses.

Legal Links

"Criminal Law of the People's Republic of China"

Cars and Trains

Contributed by: Beijing No. 3 Middle School< /p>

Text: Zhao

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