Is it useless to owe money and not pay it back to the police? Under normal circumstances, borrowing money is not a private lending dispute, and the public security organ does not accept it, and it is necessary to go to the court to file a lawsuit, and there is no limit on the amount of money accepted and filed. But bewareIf the other party commits fraud under the guise of borrowing money, it can be reported to the police!
He was sentenced to 10 years and six months in prison for borrowing money from a colleague
Loan relationship, you love me, how to deceive? If the borrowed money is not repaid, the statutory circumstances are satisfied, and the crime of fraud may be constituted, and criminal responsibility must be borne. A case to see,Someone "borrowed" 3.36 million yuan from 31 colleagues and was sentenced to ten years and six months!
Li Lei, a medical worker at a hospital in Guangzhou, was addicted to online gambling and could not extricate himself, and soon lost all his family property and was in debt. Because he did not have the ability to repay, he could no longer borrow money through formal channels, so Li Lei hit his colleagues with the idea in order to make up the gambling funds to return the capital. Take advantage of the kindness of your colleagues,Li Lei defrauded 31 colleagues of "borrowing" a total of more than 3.36 million yuan on false grounds such as repaying the mortgage, buying a new house, being sick and hospitalized by his family, and capital turnover。Li Lei used the loan for online gambling, personal consumption and repayment of personal debts, and only repaid more than 1.16 million yuan one after another, and the balance could not be returned.
The public prosecution indicted Li Lei for fraud。During the trial, Li Lei argued that he did not subjectively have the purpose of illegal possession, and that the money exchange between him and the defendant was a private loan, and that he had issued IOUs to some of the defendants and repaid part of the money. Although he made certain false statements in the fact of individual loans, to the extent that he did not meet the constitutive elements of the crime of fraud by concealing the truth or fabricating facts.
After the first and second instance of the case, the court held that the case was inReason for borrowingIn terms of the aspect, Li Lei fabricated the reason for the loan; InAbility to repayLi Lei concealed his true financial situation, and he was already insolvent and unable to repay his debts; InWillingness to repayIn terms of Li Lei, the IOU was only issued to appease the lender to delay the case, although part of the repayment was also made by borrowing new money to repay the old one, borrowing more and repaying less, and he actually had no intention of repaying; InDispose of propertyIn terms of the loan, Li Lei's loan was used for gambling, squandering, repayment, etc., and it was impossible to generate profits.
To sum up,The court found that Li Lei had the subjective purpose of illegal possession, and that he objectively used fabricated facts and concealed the truth to defraud others of their property, and the amount was particularly huge, which constituted the crime of fraudLi Lei was sentenced to 10 years and six months in prison and fined 100,000 yuan.
Learn about borrowing scams
"Not all of them are civil disputes, and they may also be suspected of fraud. The key to the difference between whether the borrowing behavior is a private loan or a criminal fraud lies in the rightWhether there is a subjective intent to unlawfully possess it。Borrowing money and not repaying fraud refers to the borrower's intention to borrow money without intending to repay, for the purpose of illegal possession, using deceptive methods such as fabricating facts or concealing the truth, such as taking advantage of the trust of others on the grounds of economic difficulties, and defrauding others of their money through loans, which mostly occurs between relatives, friends, classmates and other acquaintances.
This kind of fraud in the name of lending is generally characterized as a crime of fraud in practiceAccording to the sentencing standards for the crime of fraud,where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, the sentence is between three and ten years imprisonment and a concurrent fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Whether private lending constitutes lending fraud depends on the following points:
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1. Whether the perpetrator has subjective malice
If the borrower of a normal private loan is willing to repay the loan at the time of borrowing, there are objective reasons that lead to the failure to repay the loan on time; However, the perpetrator of the borrowing fraud subjectively has the malicious intent of illegal possession, and "borrowing money" is only a fictitious pretense, and there is no willingness to repay the loan in essence.
2. Whether the perpetrator has carried out acts of defrauding public or private property by fabricating facts or concealing the truth
Normal borrowers will generally truthfully inform the purpose and reason of the loan, and will rarely use deceptive means. When borrowing money, fraudsters will fabricate facts and conceal the truth, inducing lenders to have a false perception that they will lend money in the belief that the other party has the intention and ability to repay, so as to obtain property.
3. Whether the purpose of the actor's use of the loan is reasonable
Normal borrowers will generally use the loan for a way that can generate legitimate income to ensure the repayment of the loan; Fraudsters, on the other hand, will not consider returning the property after they have been defrauded, and may use the money for gambling, drug abuse or personal profligacy.
4. Whether the actor has acquired property as a result, and whether the lender has suffered property losses as a result
The perpetrator obtained a relatively large amount of public or private property by fraud and illegally took possession of it, causing the lender to suffer property losses.
Lending money to someone else's attention
Don't blindly lend money to othersWhen borrowing money, be sure to review the borrower's subject qualifications, repayment ability and creditworthinessIf necessary, the other party may be required to provide security. In addition, pay attention to carefully check the identity documents of the other party, it is recommended to keep a copy, and pay attention to the reason for the loan, the loan term, the interest, the guarantee, etc. on the IOU, and note that the money is a loan when transferring the money, and keep the relevant evidence that can prove the existence of a loan relationship between the two parties.
If the borrower delays repayment and the repayment time agreed upon by both parties has passed, the lender may file a civil lawsuit with the people's court at the place where the borrower is domiciled or where the agreed performance is performed. Even if the borrower cannot be contacted, a default judgment can be rendered after the court notice is served, and the lender can apply for enforcement after the judgment in favor of the lawsuit takes effect. If the borrower uses deceptive means to deceive the borrower into lending money, it is suspected of fraud or other criminal offenses, especially for the lenderActively assert rights and defend rights in a timely manner
Legal protection support
For related arrears disputes, you can consult Nanchang Legal Insurance Network (Shouxin National Law)**Legal AffairsConduct evidence collection under the guidance of professional legal counselSend letters to collect money and write complaints to protect rights, which can better ensure the realization of rights.