[Procuratorial Story] Henan Zhenping: A farce performed on the French photography network

A farce on the French photography online

People's Procuratorate of Zhen Ping County, Nanyang City, Henan Province

In November 2020, Wang Mou shocked to the Zhenping County Court of Henan Province, asking the defendant Huang to repay RMB 500,000. The court made a civil mediation letter, and the defendant Huang Mouwei promised to repay 500,000 yuan in installments. Because Huang Mouwei failed to fulfill his mediation obligations on schedule, the plaintiff Wang Mouzhen applied for mandatory execution, and the court checked the 288 pieces of jade provided by Huang Mouwei. From December 2020 to March 2021, the court auctioned the above jade through the Taobao judicial auction platform, and a total of more than 790,000 yuan was shot, and all the proceeds were transferred to Wang Mouzhen account.

In early 2022, the Zhenping County Procuratorate received a report from the masses, saying that someone happened to use the judicial auction platform to sell jade goods. After receiving the clues, the prosecutor checked the 14 cases filed, mediate, and concluded since 2019, and found that Wang Mouzheng and Huang Mouwei's trading contract case were very strange and doubtful. Huang Mouwei's original owed Wang Mouzhe was 500,000 yuan, but he repaid 790,000 yuan "willingly" without any objection.

Examine the dossier and find the flaws

The prosecutor found the flaws from it through carefully reviewing the dossier. The dossier shows that the case is the case, and the case is adjusted on the same time, and there is no substantial confrontation between the two parties. In addition, after the court performed the auction, the income was remitted into Wang Mouzhen's account. The 290,000 yuan of more auctions did not transfer to the executed account account. Ask the sources of the lack of funds of the two parties, the two statements are different before and after, and both are inconsistent with the records of trial dossiers. Obviously, there is a false statement and fabricating the relationship between claims and debt.

During the trial, Huang Mouwei claimed that because the goods were not sold, they had arrears. When the prosecutor asked the parties, Huang Mouwei claimed that he was "cheated to Xining from Xining", so Wang Mouzheng said that the lack of bars was written by Wang Mouzhen's father in the house of Huang Mouzheng. Huang Wei signed; Huang Mouwei said that the lack was written by Wang Mouzhen in Wang Mouzhen's house, and Huang Mouwei signed. The two parties have obvious contradictions before and after.

Huang Mouwei stated that he was deceived to sell jade goods in Xining in 2019. When asked about the case of the case, Huang Mouwei said that during the time of Mai Gai in 2019, he was deceived in Xining. However, his wife Zhang would ask in the inquiry that since 2013, Huang Mouwei has not been out of the door, nor did he set up a stall. He just processed jade goods for others. Huang Moujun, a cadre of Huang Mouwei, also said in the public security organs that Huang Mouwei had sold jade goods before, but in the past three or four years, he has been making jade pots at home, and he has not went out to sell jade goods. At the same time, Huang Mouwei's brother Huang Mouzhou also said in the public security organs that in the past ten years, he has not seen Huang Mouwei out of the door to sell jade goods. Since there are no jade goods, how can the arrears be generated? Huang Mouwei was obviously lying.

Investigation and visits, mountains and rivers recovered

The peripheral survey of the "500,000 yuan" IOU is still continuing. The prosecutor handling the case also visited Huang Mouwei's relatives on the spot, and the village cadres in his place of residence learned that Huang Mouwei's family economic conditions were poor and did not have 500,000 yuan of jade goods. By retripping its bank flow, in the same period, the maximum amount of the amount of the bank account of the Huang Mouwei and his wife did not exceed 1,000 yuan. Huang Mouwei's wife, Zhang, also stated in the procuratorate inquiring that he taught in the kindergarten of Xiaoshu Village Primary School. He salad more than 1,000 yuan a month. Huang Mouwei processed the jade pot for others and could not earn a few dollars a year. It can be seen that Huang Mouwei cannot owe 500,000 yuan in payment.

Huang Mouwei and Wang Mouzhen are brothers and siblings. In the trial, there was no substantial defense confrontation against the occurrence of loan relationships. place.

There are many unreasonable points for performing auctions. The court's three auction funds reached Wang Mouzhen's bank account, and the price of 290,000 yuan was directly shot to Wang Mouzhen. By retripping the bank flow, Wang Mouzhen was shifted to Huang Mouwei. After receiving the auction, Wang Mouzhen was transferred to his wife 200,000 yuan and transferred to his sister -in -law 169,000 yuan. In the inquiry of the case -handling prosecutor, Huang Mouwei originally said that he received 290,000 yuan of more auctions, and later denied it, and he was conflict before and after. At the same time, Huang Mouwei's wife, Zhang, also denied that there was a large income in the same period in the same period. In addition, Wang Mouzheng said that the jade goods were in his hands when the court auction, but the situation of the online auction was clearly indicated that the item was stored in the place of the person Huang Mouwei.

In summary, the Zhenping County Procuratorate found that there was a malicious collusion between Huang Mouwei and Wang Mouzhen, and to sell jade goods by using the publicly trusted judicial auction platform to achieve the suspicion of covering people's eyes and seeking huge profits.

After the case was transferred to the public security organs for investigation, the hospital decided to cooperate with multiple parties and condense the joint force. On the one hand, pay close attention to the investigation of the case, take the initiative to intervene in time, guide the investigation and obtain evidence, and ensure that the case of false litigation cases is quickly made in breakthroughs; The bureau held a joint meeting to reach a consensus on the evidence of the case and law of the case to ensure that the case was about to sue quickly.

Draw away the fog, Liu Dark Flowers

According to the above analysis, the civil mediation letter of the case is most likely the result of the original and the defendant's false lawsuit through malicious collusion, false statements, forgery of evidence, and fabricating debt and debt relationships. According to Article 10 of the Henan Provincial Higher People's Court, Henan Provincial People's Procuratorate, Henan Provincial Public Security Department, and Henan Provincial Department of Justice, Article 10 of the "Several Opinions on Preventing and Combating Fake Litigation", while transferring the clue to the public security organs After discussing the decision of the Prosecutor's Committee of the hospital, in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China, it issued a retrial prosecution proposal to the court on April 15, 2022. On May 6, 2022, the defendants Wang Mouzheng and Huang Mouwei were sentenced to one year in prison and one year in prison by the Zhenping County Court for false lawsuits.

At this point, the false lawsuit case of "selling jade goods by judicial auction platform" has finally come to an end. In this case, the prosecutor handling the case often occurred between relatives and friends, no defense confrontation, and short cases of case handling, discovered clues from subtle places, and then pumped the cocoons. , Make the blasphemy of the law suffer the punishment they should have, and the society is fair and just. The clever Wang Mouzhen and Huang Mouwei were clever and clever, and finally moved the stones to smash their feet.

Source | Henan Procuratorate

Edit | Wang Jirong

Review | Wu Ping

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