Original title: first instance verdict of Beijing Second People's Court of the people's Republic of China
Guang Yanbin is sentenced to life for fraud
Do you remember the scam of "providing for the aged with housing" two years ago? The case of "a house worth 7 million yuan was sold at a low price for 1000 yuan to pay back a huge debt" was sentenced.
Recently, the judicial document network announced the criminal judgment of the first instance of guangyanbin's fund-raising fraud. The defendant, Guang Yanbin, was convicted of fund-raising fraud and sentenced to life imprisonment, deprivation of political rights for life and confiscation of all personal property. Order them to return the economic losses of the victims and return them to the victims.
After participating in the "housing for the aged" investment, the old man actually only got a slip written by Guang Yanbin
The old people are driven out of their homes by the temptation of "providing for the aged with housing"
It is understood that some old people believe in the temptation of 'high interest financial management' and end up with 'empty house and money'. Li Jun is one of the victims of the guangyanbin case.
In May 2016, someone recommended to an old man named Li Jun in Beijing the financial management form of "providing for the aged with housing", saying that there was no risk at all, and that "everyone who did it earned money".
Li Jun moved his heart and was introduced to Guang Yanbin. After learning that Li Jun is divorced and her real estate can be completely disposed of by her, Guang Yanbin tells her that this kind of "pension by housing" only needs to give him the real estate certificate for three months, and give him the money mortgaged for financial management. Li Jun can get more than 90000 yuan of interest every month. After the expiration of three months, all the principal will be returned, and the old man can redeem the house property certificate with the principal.
After Li Jun signed several unknown contracts, he only got about 150000 yuan of interest in three months, and the principal was not returned. And she listened to guangyanbin will for her to the 'gold master' to return the debt, has not asked for.
One day in October 2016, Li Jun and his daughter were suddenly driven out of their only residence by a group of people in black. On the second day of being driven out of the house, the old man's daughter inquired that a week ago, the old man's house was sold for 2.6 million yuan, and the market price of the school district house on the East 2nd Ring Road was about 4.5 million yuan at that time.
In the process of seeking the truth, the old man's family members found that Li Jun signed a loan contract and a power of attorney instead of a "house for the aged" contract. In the power of attorney, Li Jun entrusted the mortgage, sale, property right transfer, tax payment and even loan collection of his house to an intermediary.
Li Jun's experience is not a case in point. The old people are told that if they mortgage their house for three months, they can get a high interest rate of 10% to 15% per month, and they can return the principal in full at the end of the month. Many old people are excited by such a project. However, a few months later, not only the promised high interest rate disappeared, but also the old man's house was mortgaged. The 'silver owner' of the loan quietly sold and transferred the ownership to others at a low price by virtue of the notarized materials signed by the old man.
Since 2015, dozens of elderly people in Beijing have been cheated one after another. Some of them have lost their real estate, while others have huge debts. According to the statistics of Beijing Elderly Rights Protection Service workstation and Beijing Zhicheng law firm, there are more than 30 cases transferred to the Procuratorate by Xicheng Branch of Beijing Public Security Bureau alone.
Life imprisonment for fraud of more than 75 million yuan
Recently, the judicial document network announced the criminal judgment of the first instance of guangyanbin's fund-raising fraud. The case was tried and sentenced by the Beijing Second People's court. According to the judgment, Guang Yanbin was detained on January 20, 2017 for fraud and arrested on February 27 of the same year.
According to the public prosecution, guangyanbin used fraud to raise money illegally for the purpose of illegal possession. The amount is huge and the facts of the crime are clear. Therefore, he should be investigated for criminal responsibility for the crime of fund-raising fraud.
The court found that guangyanbin made up the facts about the investment project and financial management of Sydney International Entertainment City in Australia to 48 victims such as pan and Han from 2014 to January 2017, and cheated the above victims of fund-raising by paying high interest.
Guangyanbin also introduced the victims such as Duan and Wang to Shao and long, who are engaged in private lending. They instigated the victims to mortgage their houses for private lending and give the borrowed money to guangyanbin for investment. Guangyanbin used the above-mentioned means to defraud the above-mentioned victims to raise funds totaling more than 75 million yuan, which were used for gambling, profligacy and repayment of personal debts.
By the time the case was filed, guangyanbin had returned more than 20 million yuan to some of the victims. His defense lawyer said that guangyanbin had no criminal record and was a first offender and should be given a lighter punishment.
After investigation, the case found that guangyanbin defrauded more than 75 million yuan by fund-raising, and the interest paid to the victim has been deducted; guangyanbin defrauded the victim of fund-raising by paying high interest, and the return of interest is a means of crime, which can not be used as the basis for a lighter punishment. Guangyanbin takes the elderly as the object of fraud, abets the victims to mortgage their houses and borrow money for fraud, and uses the money from fraud for gambling and other illegal activities, so he can not be given a lighter punishment.
In the first instance, the court sentenced Guang Yanbin to life imprisonment, deprived of political rights for life, confiscated all personal property and ordered him to pay back the economic losses of the victim.
Lawyer reminder
New financial market for the elderly
Beijing Youth Daily reporter interviewed Shi Fumao, the litigation agent of the victim and lawyer of Beijing Zhicheng law firm, on the case of guangyanbin's fund-raising fraud. Shi Fumao said that this kind of behavior, which deals with high amount of loans for the elderly and quietly sells the house with the power of attorney after mortgage, has become a routine. Although the case has now been adjudicated, there is still a long way to go for the elderly to protect their rights.
Beijing Youth Daily: what is the biggest common ground among these cases?
When lawyers: they take advantage of the weakness that the elderly do not understand the meaning and concept of legal documents and ask them to sign legal documents that completely give up their rights.
Beijing Youth Daily: what is the routine of the case?
Lawyer Shi: the crime was a two-step process between guangyanbin and xiaodai, which eventually led to the victim's property suffering heavy losses. The first step is that guangyanbin lured the victim to invest in the project development. The second step is that because most of the victims are elderly people and have no huge deposits for 'investment', under the introduction and arrangement of guangyanbin and early participants, the victim made a large amount of real estate mortgage loan from a small loan for 'investment' to guangyanbin. Eventually, the victim lost his property.
Beijing Youth Daily: what impressed you most during the agency period?
Lawyer: some victims are desperate and even have the idea of suicide. However, now that the criminal judgment has come into effect, I believe that civil law should also find the contract invalid. Generally speaking, there is a good development trend. At the same time, Shi Fu Mao also reminded the old people to be cautious about entering the new financial market and investment market. They should not easily try things involving major property, and should not have the idea of pie in the sky. At the same time, they should be alert to the introduction of acquaintances.
statement
'routine loan' is different from private lending
The Beijing Municipal People's Court of second Central Committee held a press conference on local loan risk warning to report the cases of house sales contract disputes involving mortgage loan. In the cases tried by the court, mortgage loans by means of entrusted house sales and entrusted house collection often occur. The main form of housing sales contract disputes involving mortgage loan is that the lender lends a certain amount of money to the borrower, requires the borrower to provide a set of housing, and entrusts the lender to handle matters such as house sales, house collection or transfer of ownership. The borrower can not repay when due, and the agent directly sells the housing.
The Beijing Municipal People's Court of second central people's court held that this kind of transaction separated the legal relationship in form, deliberately evaded the prohibitive provisions in the law on the "mortgage contract", took advantage of the debtor's difficult position to seek unbalanced economic interests, while the owner of the house did not participate in the actual transaction, which made it difficult to obtain evidence and safeguard rights.
In addition, on April 9, 2019, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security and the Ministry of Justice issued opinions on Several Issues concerning the handling of 'routine belt' criminal cases. The opinion clearly points out the difference between "routine loans" and private lending.
The opinion points out that "routine loan" is to induce or force the victim to sign "loan" or "loan" in disguised form, mortgage "guarantee" and other relevant agreements for the purpose of illegal possession under the pretext of private loan, and form false creditor's rights and debts by falsely increasing loan amount, maliciously creating breach of contract, wantonly identifying breach of contract, destroying repayment evidence, etc., and by means of litigation, arbitration, notarization or violence It is a general term for illegal and criminal activities related to illegal possession of the victim's property by force, threat and other means.
The opinion request should be differentiated from the private lending when determining the amount of crime of "loan". The overall evaluation is made. The names of the "illegal high debt" and "interest" margin "intermediary fees" service fee 'default penalty' are all counted by the criminal suspect and defendant's illegal possession of the property.