The borrowed 6 million yuan could not be received, but two people participated in the implementation of the distribution, there were ghosts!

"The money has arrived!" Recently, the heart of Luo Mou's many years has finally fell to the ground. After he brought back 6.97 million yuan to borrow, he called the prosecutor Yang Chuanqiang, the prosecutor of Chongqing Nanan District Procuratorate as soon as possible. Report goodbye. From borrowing to repayment, it has been delayed for 8 years, and now it finally returned. At this point, the false lawsuit of Chongqing's first notarized implementation of the case of notarization was ended.

Old classmates borrow 7 million yuan to depend on account

"In order to pay less money, my college classmate Chen Mou passed on to relatives and friends to deliberately fabricate the facts of the loan ..." In November 2018, Luo called to the Nanan District Procuratorate for supervision. It was Yang Chuanqiang who answered the phone. It turned out that Luo lent 7 million yuan for his old classmate Chen in 2014. In the following two years, after Chen repaid 1 million yuan, Chen did not fulfill his follow -up repayment obligations. At a furious, Luo sued Chen to the Dadukou District Court of Chongqing and won the lawsuit.

In January 2018, after Luo applied for mandatory execution, the court ruled that Chen's next real estate was auctioned, and the auction transaction price was 4.856 million yuan.

Seeing that he was about to get the money, Chen's other two "creditors" Dai and Dai suddenly came out. It turned out that before that, they applied for the mandatory enforcement of the same real estate in the South Bank District Court with the compulsory execution of the claim document and execution certificate issued by the local notary office.

After the case entered the enforcement process, the South Bank District Court found that Chen's real estate under his name had been seized by the Dadukou District Court because of his debt disputes with Luo. As a result, the South Bank District Court issued the "Participation of the Distribution" to the Dadukou District Court, so please let Dai and Dai Mou participate in the implementation of the distribution.

Such a result is greatly unexpected. The millions of dollars that I borrowed could not be received, but waited for the court's "Participation of the Assignment". He suspected that there was a ghost, so he applied for supervision to the procuratorate.

Prosecutor's pumping cocoon piercing through the eye method

After investigation, Dai Mou and Chen were friends, and Dai was Chen's brother -in -law. In this regard, Yang Chuanqiang believes that verifying whether Chen Mou and Dai and Dai Mou have conducted actual loan delivery operations is the key to determining the existence of the borrowing facts. So where should I check it?

At the beginning, Yang Chuanqiang's eyes focused on the two legal documents of the claim document and execution certificate with compulsory execution, but no problems were found. Subsequently, he and his colleague Zhao Ya went to the notarization authority to retrieve the certification materials provided by Chen when he applied for notarization.

as predicted. Two of them were very suspicious. One was 5 million yuan borrowed from Dai, and the other was 2.2 million yuan borrowed from Dai Mou. As an ordinary working class, Dai and Dai had borrowed millions of yuan at one time. Where did the money come from? Yang Chuanqiang visited the bank involved in the case, sorted out the transaction flow, clarified the ins and outs of the two borrowings, and finally pierced Chen's "obstacle method".

In June 2016, Chen asked to transfer 5 million yuan to his friends with his family business account, and then transfer the money to Chen's wife Song in the name of loan. After receiving the payment, Chen used Song's online banking to transfer the money to two employees of his family business 4 times, and finally transferred the employees back to the corporate account. In November of the same year, Chen transferred 2.2 million yuan to Dai through his mother -in -law's bank account, and Dai transferred the money to Song in the name of borrowing, and Song Mou returned to his mother's account.

"The two -handed operation of the two strokes is undoubtedly intended to circle. We have enough reasons that there is no real loan relationship between Chen and Song couples and Dai and Dai Mou." Yang Chuanqiang said, Chen, etc. Four people fictional borrowing trading flows, fabricating the facts of borrowing, and their behavior is suspected of criminal crimes.

Jointly fight against false lawsuits

Protect the rights and interests of the parties

After several months of investigation and verification, the case finally came out. It turned out that in September 2017, Chen, Song and his wife, and Dai, etc., used the "repayment agreement" and bank transfers to create a total loan of 7.2 million yuan by virtue of the "repayment agreement" and bank transfer. Certificate of claim documents with compulsory execution and execution certificate. With these two notarized documents, Dai and Dai were able to apply to the court for enforcement, and then participated in the credit distribution of Chen's real estate as a creditor, so as to achieve the execution of the effective judgment and diluted Luo's creditor's rights. Purpose.

In May 2019, the clues of Chen and others suspected of criminal crimes were transferred to the public security organs. After Chen and Song arrived, they confessed to the relevant crimes. After a comprehensive consideration of the whole case, the South Coast District Procuratorate filed a public prosecution to Chen and Song in accordance with the law, and at the same time decided to deal with the minor crime of Dai Mou. In addition, Dai was dealt with by the public security organs.

On April 12 this year, the local court sentenced the first trial of the false lawsuit, and the defendant Chen was detained for four months with false lawsuits and fined 40,000 yuan. Four months and fined 30,000 yuan. At present, the judgment has taken effect.

At the same time, the Nan'an District Procuratorate also issued procuratorial suggestions to the notary organs and courts, which prompted the withdrawal of notarization and execution certificates involved in the case. The local court also ended two compulsory enforcement cases applied for Dai and Dai Mou in accordance with the law. In the end, Luo's loan and interest were settled.

(Source: Prosecutor's Daily Author: Manning Peng Jing Zhouya)

- END -