The director's debt "big drama" pitted 8 relatives and friends

The seemingly "savvy" operation to transfer personal debt to the company that is about to be auctioned, but eight relatives and friends were pitted. The Procuratorate of Jindong District of Jinhua City, Zhejiang Province fabricated the facts by Fu Mou, Wu, and other people, and maliciously colluded with the court mediation letter to the court to issue retrial prosecution proposals, the court accepted it in accordance with the law. Recently, the Jindong District Court issued a civil ruling, ruling the revocation of the original trial civil mediation, and rejected the prosecution of the plaintiff. Earlier, Fu, the director's series of false lawsuits was sentenced to one year and ten months in prison by the court for false lawsuits.

Report the ex -husband's counterfeit lawsuit

In March 2020, Wu reported to the procuratorate of Jinsong District that his ex -husband Fu had false lawsuits. The clue of this report caused the prosecutor's alertness: the identity relationship between the reporter and the reporter was special. Is Wu retaliated against his ex -husband due to emotional frustration, or did Fu do that there was a false lawsuit illegal act?

After further inquiries of Wu and initially sorting out the clues of the report, the prosecutor was keenly noticed that there may be many people who maliciously collude and deceived the court civil mediation letter in this report clue to escape the court's execution of the case.

In order to improve the accuracy of false lawsuits, the prosecutor relying on the smart supervision system of civil referees, with Fu Mou and its name as the core, divide the specific periods and score points, and adopt the "siege aid" tactics for orientation screening. Essence What was unexpected to the prosecutor was that after the first screening, there were 40 civil cases related to Fu Mou and his company. The prosecutor focuses on the clue rows of 17 cases concluded by the courts in the district, and then retrieved the files to analyze and judge the case, and found that many doubts about the cases involved: the original and defendants were mediation of "hand in hand". There is no substantive confrontation; the amount of borrowing of the cases has reached hundreds of thousands of yuan, but no loan delivery certificate is confirmed; the eight plaintiffs have a close relationship with Fu, all of which are his relatives and friends.

Fictional debt transfer property

On the basis of doing real -peripheral investigations, in order to clarify the facts of the case, the prosecutor summoned the relevant personnel of the case to conduct investigations in the procuratorate to fixed transcripts and evidence. Because there are many personnel involved and they are all relatives and friends of Fu, if they cannot "hit a hit", there is a risk of confession at any time. Based on the inquiries formed by the planning team, the staff handling team formulated the strategy of "centralized notification and cross -conversation", starting from the reasons for the borrowing, the relationship between the borrowing parties, the loan convergence, and the return of money. Internal evidence of inquiry transcripts and fixed associations.

"He wrote to me when he wrote to me, and let me go to the court with this fake debit to the court, and then he would use me to mediate the case with me." Wu and others finally acknowledged The fact that he maliciously stunned the creditor's rights with Fu and sued the court to deceive the civil mediation letter.

Why did Fu make a lawsuit of relatives and friends? The prosecutor learned that as early as 2016, as early as 2016, the company operated by Fu Mou was forcibly executed by the Jinhua Wucheng District Court for multiple economic disputes, and the company's assets will be put into judicial auction. As the company's legal representative, Fu Mou has contacted creditors Wu, Jiang, Lu, and other people many times to pass on the company's debt to the company. According to the consensus reached, Fu issued a false debit and engineering settlement form to eight people such as Wu. From June to July 2016, Wu and others shall file 9 civil lawsuits to the Jindong District Court with false evidence and quickly reached mediation with Fu, with a amount involved as high as more than 9.47 million yuan. After that, Wu and others applied for the implementation of the implementation of the Golden East District Court's civil mediation letter to the Wucheng District Court.

Procuratorial supervision to correct false lawsuits

Fu Mou, who was smart, never expected that the report of his ex -wife made his false lawsuit "big drama" completely "yellow".

Due to Fu Mou and others suspected of false lawsuits, in August 2020, the Procuratorate of Jinsong District transferred the clues to the public security organs in accordance with the law. Subsequently, the public security organs filed a case for Fu Mou and others for suspected false lawsuits. After investigation by the public security organs, the prosecution of the procuratorial organs, and the court trial, in July 2021, the Jindong District Court sentenced Fu to one year and ten months in prison for a fake lawsuit, and fined 50,000 yuan. Corresponding punishment.

On February 28 this year, the Procuratorate of Jintong District, on the grounds that Fu Mou, Wu and others fabricated the facts, maliciously colluded with the court, and seriously disrupted the judicial order. Waiting for the nine civil lawsuits to start the retrial procedure. The Jindong District Court adopted a retrial prosecution proposal in accordance with the law on April 12, ruled that the above cases were retrial and made a ruling of cancellation of the original trial civil mediation.

The successful handling of Fu Mou, Wu, and others was just a microcosm of the Jinhua Procuratorate of Jinhua City's Jindong District Procuratorate in accordance with the law and correcting false lawsuits. According to reports, in recent years, the Jindong District Procuratorate has deeply cultivated the field of false lawsuits supervision and has always used the basic path of "enriching the level of supervision, researching related information, and exploring maliciousness" as discovering and revealing false lawsuits. Supervision. In the first half of this year, the court had issued 18 retrial procuratorial proposals to the court's false lawsuits, and the amount involved reached more than 1,200 million yuan. On this basis, the hospital also carried out a false lawsuit to "look back" to act as the "second half of the article" of the case -to -handling case -focusing on the implementation of the execution of the false lawsuit case, actively build a supervision model, use data association, collision collision, collision , Filter, although the legal documents that are executed are revoked, the corresponding execution procedures have not ended, and the case clues of the person who have not been revoked, and the prosecution suggestion was issued to the court to protect the legal rights and interests of the parties in implementing the implementation Essence (Source: Procuratorial Daily Author: Fan Yuehong Liu Chuanxi Liu Tingting)

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