A reader of the Baijiahao article told Lawyer Wang about his reporting experience through WeChat, hoping that Lawyer Wang would give him some guidance. After understanding, lawyer Wang learned that the reader surnamed Yang encountered something like this:
Yang works at a KTV. A few months ago, a person surnamed Niu began to frequent the KTV where Yang worked. Every time Niu goes to KTV to consume, he drives a Mercedes-Benz car, dressed luxuriously, and his words and demeanor reveal the posture of a rich man. Because of the long time and many times, Yang and Niu have gradually become familiar with each other. Through the communication with Niu, Yang learned that Niu was in the second-hand car business, with little investment, fast realization, flexible capital turnover, and a lot of money.
Later, when Niu chatted with Yang, he proposed to take Yang to do a second-hand car business together. After coming and going, Yang was tempted, and according to Niu's request, he invested more than 200,000 yuan in Niu. Niu Mou gave the statement that an investment cycle is generally one week, and in addition to the principal can be returned, you can also earn thousands of profits.
In this way, Yang paid Niu an investment of 200,000 yuan through transfer, but the purpose of the transferred funds did not make any explanation. A week passed quickly, and when it was time to collect the money and share the profits, Niu could not be found. So Yang was anxious and began to make various contacts. Niu saw that he couldn't hide, so he found various reasons to delay.
Later, Yang learned through a friend that this Niu was not a second-hand car at all, and he did not have a serious career. The Mercedes he drove when he went to KTV for consumption was also rented. Yang also learned that this Niu had been sentenced for theft and fraud and had been in prison for five or six years.
At this time, Yang knew that he had been deceived. So he went to the public security organ to report the case on the grounds of fraud. After the public security organ received the report, the staff issued a receipt to Yang. A few days later, the public security organs notified Yang to go there. After arriving, Yang found that Niu was also there.
When the case-handling personnel saw Yang coming, they told Yang that this Niu was willing to reconcile with you. I suggest that you sign a repayment agreement with Niu, agree on the repayment time, and strive to get the money as soon as possible. "If you insist on reporting the case, Niu doesn't give money, and our public security organs arrest him, won't you get your money back?”
After listening to the words of the case-handling personnel, Yang had no choice but to agree to settle with Niu and signed a repayment agreement. After a month, when it came to the agreed repayment time, Niu was nowhere to be found, let alone repayment. So, Yang went to the public security organ again. The receptionist said that you have reached a settlement agreement to "repay", indicating that you are in arrears and not a criminal case. You'd better go to court and sue ......
In fact, this situation is not uncommon in reality. Legally speaking, after Yang reported the case, he reached a settlement agreement with Niu at the suggestion of the public security organ, which did not fundamentally change the illegal possession attribute of Niu to obtain 200,000 yuan from Yang, and reaching a settlement agreement was only a way to deal with illegal possession of property.
In particular, after the agreement was reached, Niu still did not perform and did not return it, which further confirmed the purpose of Niu's illegal possession. Combined with information such as Niu's criminal record, bad deeds, and lack of proper occupation, it shall be determined that the nature of his conduct is fraud, and his criminal responsibility should still be pursued.
After giving Yang an answer, lawyer Wang further reminded that after reporting the case, if the reporter is required to settle with the other party, the reporter should ask the other party to return the property immediately. If you must sign an agreement, you should also avoid expressing the intention of voluntarily reaching an agreement, but indicate that the signing of the agreement is based on the requirements of **, etc., and you can't give the other party too long to prepare, and it is best to "pay the money with one hand and withdraw the report with the other".
Otherwise, reporting the case will become a sandwich meal, and it will be difficult to go back and make up for it.