On February 19, 2016, a tragedy caused by debt collection occurred in a community in Minhang District, Shanghai, where the debtor Pan Yongdi accidentally fell to his death, and the borrower Li Hongchao was also sentenced.
Pan Yongdi originally broke down the relationship between the husband and wife because he was raising a lover outside, which was the real reason why he wanted to jump off the building. Although ** determined that he committed suicide, anyone who came to collect debts could not escape the blame.
This tragedy reminds us that in the process of debt collection, we must respect the personality and life of others and avoid unnecessary harm.
Even if the borrowing relationship becomes complicated, we cannot give up on seeking legal help. A case tells us that it is natural to repay debts, but because of the lack of legal awareness, criminal proceedings have been triggered.
In the lending relationship, signing a contract or IOU is indispensable, but we cannot ignore the assistance of the law and ** in order to effectively resolve the loan conflict and avoid tragedy.
Let's focus on this case and learn how to properly handle the borrowing relationship.
Pan Yongdi, a local resident of Shanghai's Minhang District, is about the same age as Li Hongchao, also a businessman, and has a wife, Zhang Lanlan, at home. However, there were conflicts between the couple, and the neighbors often saw them arguing for three days and a small quarrel a day.
According to neighbors, the discord between the two stemmed from the fact that Pan Yongdi had met too many people of the opposite sex outside the home, and one of the women maintained an improper relationship with Pan Yongdi.
These circumstances led to the divorce of Zhang Lanlan and Pan Yongdi many times. However, what really broke down their marriage relationship was that Pan Yongdi's business was not doing well, his performance was too poor, and all the money he earned was spent outside, so that the family had no stable economic income.
In addition, Zhang Lanlan also needs to use her personal property as collateral for Pan Yongdi's debts. Emotional problems and financial pressures eventually led to an agreed divorce between Pan Yongdi and Zhang Lanlan.
However, the relationship between the two does not seem to have completely faded, so after the divorce, they still choose to live together.
On March 30, 2014, Li Hongchao was visited several times by his friend and business partner Pan Yongdi. The two have a close relationship, being both partners and good brothers in life, so they come and go frequently.
Based on this relationship, Pan Yongdi opened his mouth and borrowed a total of 500,000 yuan from Li Hongchao three times in a row. However, this is not a verbal loan, but an actual IOU, which details the amount of the loan, interest, repayment time, and liquidated damages of 20% of the total debt.
While borrowing is easy, repayment is difficult. Li Hongchao originally planned to find Pan Yongdi in March 2015 to get all the arrears back, but Pan Yongdi's life was already in trouble.
Zhang Lanlan has an impulsive personality and has constant emotional disputes with Pan Yongdi, which makes Pan Yongdi's private life a mess. Despite this, Li Hongchao did not take this into account, but just wanted to get back the loan that belonged to him as soon as possible.
However, from 2014 to 2016, Li Hongchao did not get a penny back. This drained his patience and he decided to take action to recover the loan. After the Spring Festival in 2016, Li Hongchao called his friend Pan Yongdi many times because he was in urgent need of money, but he did not succeed in getting back the arrears.
Pan Yongdi didn't even pick up Li Hongchao's ** anymore. In the end, Li Hongchao could only collect debts through text messages or the Internet, but he never responded.
In mid-January 2016, Li Hongchao met his friend Pan Yongdi while partying outside. Pan Yongdi spends money in other entertainment venues, which makes Li Hongchao feel very dissatisfied.
He has the money to go to those places to spend, why doesn't he have the money to pay me back? Even if you give me a little bit, it's much better than a dime. Li Hongchao recalled the scene when he first met Pan Yongdi during the Spring Festival in 2016, and he was very excited, and he couldn't understand why his friends greeted him with a smile when he borrowed money, but he avoided no one when he repaid the loan.
Pan Yongdi's face was full of disgust when he saw Li Hongchao, and he just wanted to keep his distance from Li Hongchao as soon as possible. So he tried his best to hide in his home or in his shop, and no longer went out to meet people.
Li Hongchao felt very helpless and frustrated about this. At the beginning of February 2016, Li Hongchao received ** from Ma Changkang and Tao Lei and others.
The three worked together to collect debts, and tragedy ensued. It turned out that Pan Yongdi still owed debts to many people abroad, and these people had also suffered from Li Hongchao. Therefore, they decided to send a three-person delegation, namely Li Hongchao, Ma Changkang, and Tao Lei, to urge Pan Yongdi to repay his debts.
However, on February 7, 2016, Li Hongchao took Pan Yongdi, Ma Changkang and Tao Lei to Li's house together, and they were also accompanied by four people when they were out for activities. On the afternoon of February 19, they went to Li Hongchao's father-in-law's house again.
However, what is unexpected is that on this night, Pan Yongdi suddenly fell to his death. Pan Yongdi's ex-wife Zhang Lanlan sued Li Hongchao, Ma Changkang and Tao Lei in court because of a complaint, accusing them of bringing great psychological pressure to Pan Yongdi and causing him to fall to his death.
We just want him to pay off the arrears as soon as possible, after all, our hard-earned money can't just go down the drain. The timing he chose coincided with the Chinese New Year, and we just wanted to go back a little when he had some leisure.
Of course, we understand that this may be stressful for him, but this is just a normal dunning tactic. We did not detain or harm him in any way, let alone intentionally kill him.
His choice to jump off a building may be related to his personal life stress, which we regret, but there is nothing we can do about it. As for whether he really chose to jump off the building, further investigation and confirmation are needed.
In these short 30 seconds, the mental activity of the deceased is thought-provoking. Although ** has no way of knowing, they are sure that Pan Yongdi was depressed during this time and may commit suicide.
Therefore, Tao Lei, the third borrower, believes: "* It has been determined that Pan Yongdi committed suicide, and our first defendant is really unlucky, and if this happens, he can't get the money back, and finally sent himself in." ”
However, with the help of her defense lawyer, Zhang Lanlan presented another point of view to the court: "Although Pan Yongdi's life is bad, he will never want to kill himself."
Because I know him, we have lived together for so long, even though we have agreed to divorce but still live together, he is still responsible for me, I have mortgaged his debts with my personal property, if he leaves easily and leaves me alone to pay those loans, will he be worthy of me?
His character definitely does not allow this. ”
Can Pan Yongdi's mental activities be inferred based on personality alone? **This is investigated in depth. They found obvious marks of climbing and struggling on the east wing balcony of room 1602, which showed that an adult man could leave room 1602 by jumping from the east house balcony to the next balcony.
Based on these clues, ** concluded that on the night of February 19, 2016, it is very unlikely that Pan Yongdi committed suicide, and he may have tried to escape the scene by jumping from the balcony and other means.
On the night of the crime, only Tao Lei stayed in the bedroom of the Westinghouse to play with his mobile phone, and Li Hongchao and Ma Changkang went out because of something. Pan Yongdi may have wanted to take this opportunity to escape from the scene where he was being followed and monitored, but his lack of strength eventually led to the tragedy of the fall.
It is wise to recover the arrears through legal means, and it is risky to settle it privately. At around 6 p.m. on February 19, 2016, the Minhang District Court recognized the fact that it was not safe to collect money through private channels.
At that time, the deceased Pan Yongdi was closely pursued by three debtors, and because he could not enter his house room 1602 without a key, he called Master Liu, a locksmith.
The testimony provided by Master Liu shows that the three men treated one of them badly, even kicking him and saying things like: "Is it that hard to drive? Then, the man he didn't know kicked the door hard and bent the doorknob.
This incident proves once again that legal means are the right way to recover the arrears.
Li Hongchao, Ma Changkang, and Tao Lei were convicted by the court of the fact that the deceased had been detained and sentenced to the crime of illegal detention because they confirmed an act. Among them, Li Hongchao was sentenced to 10 years in prison, Ma Changkang was sentenced to 4 years and 3 months in prison, and Tao Lei was sentenced to 3 years and 6 months in prison.
Li Hongchao said that he only wanted to recover his own money, and did not deliberately force the deceased to die, and he was confused and unacceptable about the verdict.
This text depicts three borrowers whose lives have undergone a major transformation, and they all become victims of events. Li Hongchao's mother-in-law became ill after learning that her son-in-law had been sentenced to 10 years in prison, his children were also excluded from school, their personalities were also affected, and Ma Changkang and Tao Lei's family lives were also changed.
Zhang Lanlan also needs to repay a certain amount of debt for her ex-husband after the divorce. This case tells us that borrowing is risky, and we need to pay attention to the ways and means of repaying the debt.
More people like to collect debts through private channels, but this method has poor execution, which is easy to cause conflicts and is unfair and just. Therefore, we need to find more effective and fair ways to collect debts.
When the debt relationship becomes extremely complex, the borrower can use the loan evidence in his hand to seek help through the assistance of the judicial authority or **, and resolve the loan conflict through the legal channels of a third party.
This is not only more fair and equitable, but also protects the lives of borrowers and debtors. However, today's lending environment is a disastrous one. Many people believe that keeping money in the bank is the smartest option rather than lending it to someone or a company.
Because everyone is afraid, the other party is a grandson when borrowing, and the other party may become a grandfather when the money is repaid.