Conventional loan event

"High quota, low interest rate, no audit, seconds to go", once someone is quilted, the next thing to face is snowballing interest? In this routine loan case of more than 40 million yuan, more than 60 people were involved, more than 70,000 victims and many people died.

After being prosecuted by the Chengwu Procuratorate of Shandong Province, the court made a first-instance judgment on this mega-network loan case with the criminal nature of black and evil forces. The defendant Xu was sentenced to 19 years in prison and all his personal property was confiscated. The defendants Dai Moumou and Gao Moumou were sentenced to 18 years in prison and all personal property was confiscated. Other defendants were sentenced to prison terms ranging from five to six months.

On February 7, 2020, 65438 defendants Xu Moumou, Dai Moumou and Gao Moumou appealed to Heze Intermediate People's Court because they refused to accept the first-instance judgment. At present, the case has entered the second instance procedure.

The second audit is a trap.

You, who is engaged in the wholesale of small commodities in Wenling, Zhejiang, has a nervous breakdown under the threat of constant debt collection and obscene pictures by members of the routine loan gang. I don't want my unborn child to be born with the reputation of "Lao Lai". 20 19 After the New Year's Day bell rang, Youmou left a suicide note and took his unborn child into the sea, ending his young life. After the death of Youmou, her mobile phone kept receiving abusive text messages and obscene PS pictures from criminals of the routine loan group.

Two months later, from 2065438 to March 8, 2009, Xinmou, a resident of Chengwu City, Shandong Province, walked into the county public security bureau and told about his experience of being defrauded by the routing loan group for more than 400,000 yuan in four months.

Dodge the blow

Move the company's finance department and collection department overseas.

After the incident, Chengwu Public Security Bureau immediately asked Chengwu Procuratorate to intervene in advance, and comprehensively introduced the progress of the case, the present situation of evidence and the outstanding problems. The case-handling team exchanged views on case characterization, organizational structure, application of specific charges, case diversion, and litigation period. , unified thinking, clear direction.

According to the investigators, more than 60 people were involved in this mega-loan case, involving more than 40 million yuan, more than 70,000 victims and many people died.

The initiators of this case are Chen Moumou and Tu Moumou from Ruian, Zhejiang Province (both handled separately). At the beginning of 20 18, Chen and Tu discussed making money through peer-to-peer lending, which is low in cost, quick in money and low in risk. So they found their fellow villager Zhu Moumou (handled separately), and he came forward to set up Hummingbird Flash Loan Co., Ltd. to engage in the "loan treasure business". The company consists of electricity sales department, audit department, finance department and collection department, and provides loans to unspecified people in the country with the gimmick of "high quota, low interest rate, no audit and secondary payment". Later, in order to escape the blow, Chen Moumou and Tu Moumou transferred the company's finance department and collection department to Vietnam.

Because the "loan business" needs to recruit a large number of people, and the cost is high, in order to maximize the benefits, we discussed with Tu, and Tu gathered Xu Moumou, Dai Moumou and Gao Moumou to set up Hangzhou Sougua Information Technology Co., Ltd., hired network technicians to engage in the research and development of App lending software, and used the developed App lending software to operate peer-to-peer lending business. The victims of overdue repayment use the information they have mastered in the early stage to ask for debts through naked obscene pictures, insults and threatening text messages with the victim's head sent by mourning halls, parents, relatives, colleagues and classmates. And charge fees such as "overdue fee" and "renewal fee" at will.

"We just try our best to get money, as much as possible, and squeeze as much money from the loan customers as possible." The person involved, Zhu Moumou, confessed.

Within two years, Chen Moumou and Tu Moumou accumulated huge wealth and transferred property by buying real estate, watches and luxury cars.

Procuratorial organs intervene in advance to guide the investigation.

Solve four major problems

How to deal with this routine loan case with great social influence and criminal nature of evil forces? Faced with a large number of criminal facts and many difficulties

"One difficulty" is how to bring informants from all over the country into the evidence system of "3.08" case. Due to the large number of people involved, the victims reported the case in different provinces, including Changchun Shuangyang Public Security Bureau, Hangzhou West Lake Public Security Bureau and Hebei yutian county Public Security Bureau. These public security organs have arrested some people involved in the "3.08" case in the early stage, and handed over the case to Chengwu Public Security Bureau for handling, which virtually increased the difficulty of examination and prosecution. In particular, yutian county Public Security Bureau has arrested Dai Moumou, Gao Moumou and other people involved in the case 10. Due to the epidemic situation, although the case was handed over, the people involved in the case continued to be detained in yutian county Detention Center, and the detention period was about to expire. How to bring the suspects handed over by Yutian Public Security Bureau into the whole criminal system of the "3.08" case within a one-month review and prosecution period has become a difficult problem for the case-handling team.

"The second difficulty" is how to restore the function of App lending software. Since the servers of these apps are located abroad, the related apps can't run after the incident, which makes it difficult to handle the case. By explaining the allegations and evidence involved to 10 more R&D technicians; D The people involved in the case, the case handling team made them give up the idea of "technical innocence", and urged the people involved to plead guilty and sign a confession and repentance book, thus achieving the purpose of restoring the basic functions of more than 20 App loan software through their confessions, which played a key role in finally identifying the criminal group of loan evil forces. Sun Moumou, a technician involved in the case, told the prosecutor: "Your interpretation of the law made me understand that although the technology is innocent, the developers and users of the technology must be responsible for the technology."

How to realize the "three difficulties" is how to cut off money and blood. Since Chen and Tu lived abroad, at the beginning of committing the crime, they used various methods to transfer the money involved. According to the seizure of the property involved by the public security organs in the early stage, the case-handling team regards the disposal of the property involved as the key and difficult point. The case-handling team carefully reviewed the case file materials, compared the list of transferred property item by item, and carefully screened the property involved according to the illegal income and personal property. The case-handling team found that a McLaren sports car purchased by Gao Moumou with illegal income was not seized, and urged the public security organs to seize the vehicle according to law. In the judgment, Cheng Wu adopted the opinions of the procuratorate and confiscated all the money and materials involved, including more than 20 million yuan, 37 houses and 2 cars, which were frozen and detained according to law.

How to accurately identify the amount involved in the "four difficulties"? The "3.08" case entered the procuratorial link, and the determination of the amount involved has been controversial. The prosecutor of the case-handling team conducted in-depth investigation and horizontal comparison, spent a lot of time studying and studying relevant documents, and tried every means to collect similar cases.

Judge information and seek more "problem solving" paths. Finally, according to the method of comprehensive identification, it is determined that the victim made a single repayment, including beheading interest, overdue fee and renewal fee, and the amount of fraud was more than 40 million yuan.

In order to further improve the efficiency of the examination, the hospital adopted the method of supplementary investigation while examining, and issued six batches of 2 17 guidance and evidence collection suggestions to the public security organs in view of the problems found, which greatly improved the efficiency of the public security organs in handling cases. On August 5 of the same year, the case was brought to court. At the first trial, the court adopted all the prosecution opinions of the procuratorate.

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