Lease a vehicle for fictitious contractual purposes.
Then mortgage the rental vehicle to earn a mortgage fee.
An operation of the "white wolf with empty gloves".
It seems to be smooth and flawless.
In the end, he trapped himself and was imprisoned.
Case review
In August 2023, Jin arranged for Li to lease a motorcycle from Zhang, and the latter two falsely claimed that they were the owners of the car and mortgaged the car to others to borrow 7,000 yuan. The next day, Zhang called the police after discovering that the vehicle was mortgaged. Defendants Jin and Li were arrested by the public security organs on the same day. In December of the same year, Jin Moumou was sentenced to one year in prison and fined by the court for contract fraud; Li was sentenced to six months in prison and fined by the court for contract fraud. The vehicle has now been recovered and returned to the victims.
After arriving at the case, Jin Moumou argued that he was just mortgaging the rented car, which was at most an economic dispute and did not commit a crime.
Just an economic dispute?
No crime? nonono
Let the prosecutor tell you.
Why is it a contract scam.
The crime of contract fraud refers to the act of the perpetrator in the process of signing and performing the contract by fabricating false information for the purpose of illegally taking possession of the money of the other party to the contract, so that the other party to the contract believes that it has the ability to perform the contract, so as to fall into a misunderstanding and dispose of the property.
In this case, the defendant Jin XX instructed the defendant Li to lease a vehicle from the victim and mortgage it to others through the method of "empty gloves and white wolf", and earned mortgage fees from it, infringing on the victim's lawful rights and interests and disrupting the order of market transactions, and his conduct has violated the criminal law and constitutes the crime of contract fraud. Defendant Li clearly knew Jin's true leasing intentions, but still helped Jin to lease and mortgage the vehicle, and his conduct also constituted the crime of contract fraud.
In daily life, we must tighten the strings of prevention, stay away from the harm of fraud, and do not be deceived by small gains, giving criminals an opportunity.
Links to legal provisions
Article 224 of the Criminal Law of the People's Republic of China [Crime of Contract Fraud].In any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; 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
1) Signing a contract with a fictitious unit or fraudulently using the name of another person;
2) Secured by forged, altered, or invalidated bills or other false property rights certificates;
3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;
4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;
5) Obtaining the property of the other party by other means.