Loan shark [Disclaimer] article case process, **all** on the Internet, this articleIt aims to popularize the law through cases, no vulgarity and other bad guidance. If it involves copyright or character infringement issues, please contact us in time, and we will delete the content! This article is based on a true story. The phrase "If you are not afraid that hooligans will know martial arts, you are afraid that hooligans will be educated" has become a topic of conversation after tea and dinner with its profound irony and warning effect.
However, when this sentence is combined with a real online loan shark case, it sends chills down the spine.
Recently, an online loan shark case in Wenshan, Yunnan Province, has attracted widespread attention. A post-90s college graduate, relying on his knowledge of online loan shark platforms during his college years, actually instigated the whole village to borrow online, causing more than 1,000 online loan companies to suffer heavy losses, and even some companies went bankrupt as a result.
Case review.A village in Wenshan, Yunnan, an originally quiet village, was in a uproar because of an online loan shark case.
The protagonist of the story is a post-90s college student who began to get in touch with online loan shark platforms while he was in college, and thus embarked on the road of no return.
He found that the online loan company could only collect debts through ** or text messages, and did not take other effective measures, so he became more and more emboldened, constantly switching to different online loan platforms for borrowing, and owed hundreds of thousands of debts.
After graduating, the college student returned to his hometown and passed on his experience of "getting rich" in online loan sharking to the villagers.
He claims that online loan sharking is a way to borrow money without repaying, and as long as the whole village participates, a large amount of money can be easily obtained.
Under his instigation, many villagers quit their jobs and farm work to follow him in online lending.
In a short period of time, the whole village borrowed tens of millions of funds from various online loan platforms under his guidance.
However, these funds were not used for the construction and development of the village, but were used by them for all kinds of profligacy and gambling.
In the face of debt collection** and text messages from online loan companies, they not only ignored them, but even adopted violent confrontations.
As a result, many online loan companies are unable to collect their arrears and fall into a serious financial crisis.
Judicial interpretations.This online loan shark case involves not only moral and ethical issues, but also legal aspects.
According to Article 680 of the Civil Code, the state prohibits usurious lending, and the interest rate of the loan shall not violate the state regulations.
This means that online lending companies that provide usurious lending services are not protected by the law, and may even be suspected of smuggling, money laundering, fraud and other crimes.
At the same time, according to Article 682 of the Civil Code, if the parties agree or fail to pay interest in accordance with state regulations, compound interest may be calculated in accordance with the agreement or in accordance with state regulations on the premise that it does not violate state regulations.
This means that the borrower is still obligated to repay the loan on time and may be required to pay compound interest. If the borrower refuses to repay the loan, the lender may file a lawsuit with the court in accordance with the law to require the borrower to fulfill the repayment obligation and bear the corresponding liability for breach of contract.
In addition, the act of instigating others to engage in online usury is also an illegal and criminal act.
On the basis of article 296 of the Criminal Law, whoever uses violence, threats, or other methods to compel others to repay debts, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine.
In this case, the post-90s college students not only engaged in online usury activities on their own, but also instigated the whole village to participate and violently confronted the personnel of the online loan company who came to collect debts, seriously undermining social order and public safety, constituting the crime of forced transactions, and should be investigated for criminal responsibility in accordance with law.
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