Zhao Qiang (pseudonym) from Acheng District, Harbin City
Made a friend online.
She said her name was Wang Ting (not her real name).
Less than 4 months.
Wang Ting borrowed more than 20,000 yuan from Zhao Qiang.
Then he played "disappear".
The Acheng District People's Court investigated and found.
This "Wang Ting" is actually Wang Ping (pseudonym).
Basic facts of the case
After Zhao Qiang and Wang Ting met through online games, the two sides added WeChat friends and slowly became friends. Since September 2023, Wang Ting has borrowed more than 20,000 yuan from Zhao Qiang for various reasons, and when Zhao Qiang asked him for a loan, Wang Ting issued an IOU for him. In January 2024, Zhao Qiang sued him to the Acheng District People's Court. After the court accepted the case, in the process of contacting Wang Ting to serve it, Wang Ting's identity information could not be queried through the ID number and name provided by her, Wang Ting refused to provide the court with relevant materials to support the authenticity of her information, and Wang Ting's WeChat was not registered with her real name, and the trial of the case reached an impasse. After the judge went to the relevant units to verify Wang Ting's relevant identity information many times to no avail, he predicted that Wang Ting was very likely to provide false name and identity information in the process of dating, and the judge communicated with Wang Ting many times, patiently clarifying the risks and legal consequences of the lawsuit, Wang Ting finally took off her guard and provided the court with her real name should be Wang Ping (pseudonym). After understanding, he registered WeChat through his family's mobile phone number, because he needed to borrow money from Zhao Qiang many times, he knew that he was unable to repay, and he was evasive and afraid, so he did not provide his true identity information to the court for a long time.
Outcome of the trial
After trial, the court held that the parties should fully perform their obligations in accordance with the agreement. In this case, Wang Ting borrowed money from Zhao Qiang during the WeChat chat, and Zhao Qiang delivered it according to the agreement, and the two parties had formed a private lending relationship, and Wang Ting should also fulfill the repayment obligation in a timely manner in accordance with the agreement. At the trial, Wang Ting recognized the arrears and expressed a positive willingness to repay, and finally the case was closed by mediation.
Explain the law with cases
How to prevent being defrauded by online dating, as a lender, in the absence of any information about the borrower's identity information, whether he has the ability to pay debts, his occupation, identity background, social experience, etc
The first thing to do is to verify the real identity of the other party;
Second, even if it is a loan, the other party is required to issue an IOU in accordance with the format and content of the law, and keep the transfer vouchers such as WeChat, Alipay, and bank;
Third, it is easy to borrow money and difficult to repay. Netizens do not have a clear understanding of each other's actual residential address, economic status, and ability to repay, which makes the time and economic cost of rights protection high. After entering the litigation procedure, even if the lawsuit is won, the enforcement is often unable due to the lack of clues about the borrower's property;
Fourth, in recent years, there have been many forms of online fraud, one of which is to use feelings and trust to defraud money, that is, the Internet term "killing pigs". The borrower obtains the borrower's trust and emotional dependence through long-term chats, and then provides convenience for obtaining money, which is called borrowing the real deception, causing the lender to lose both money and hurt feelings.
*: Harbin Political and Legal Comprehensive Harbin Acheng District People's Court and Sanjiang Court.
Editor: Guo Haiyue Review: Jia Yongzhe.
Producer: Leng Xiuyan, Cui Dongkai
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