Is it a civil loan or a fraud?The procuratorial organs solve the doubts of the case

"I borrowed money for Sun to help him, and it has nothing to do with mobilizing my son ..." What made the victim firmly not admit that he was deceived? Why is Yin, who is obviously a victim. Why does it appear in the case as a witness?

The prosecution was filed by the Cao County Procuratorate in Shandong Province. On August 28, the court sentenced the defendant Sun for three years in prison for fraud, five years in probation, and fined 50,000 yuan.

Prosecutors are discussing the case

Unusual borrowing attracts the attention of the prosecutor

On March 15 this year, the Caoxian Procuratorate accepted the review and prosecuted a fraud case. I thought it was just a common case, but after review, the prosecutor handling the case found that there was an unusual 80,000 yuan private loan between Sun and the witness Yin, the witness Yin.

Sun was a foreigner and did not have a fixed work. Yin was a teacher in a middle school in Cao County. The two had less than two months and did not have more than 5 times. The pen borrowing was borrowed from others.

What makes Yin so "generous"? After reviewing the evidence of the case, the prosecutor handling the case found that the former Sun had promised to coordinate the relationship to help Yin's son mobilize work. There was no lending when borrowing.

The doubts of the case are heavy. The prosecutor handling the case believes that the borrowing between Sun and Yin is extremely unusual and may be suspected of borrowing fraud crimes. But why did Yin appear in the case as a witness?

Subsequently, the prosecutor handled the criminal suspect Sun.

Facing the questioning, Sun confessed to his fraud Zhao's criminal facts, but he denied the 80,000 yuan transfer with Yin: "The money was voluntarily transferred to me, and the money he transferred to me It's just a loan, I don't have to deceive him. "

The prosecutor handling the case reviewed the situation with the witness Yin, and Yin claimed: "Although Sun repeatedly stated that he wanted to help my son to mobilize work, I didn't believe it at all. It has nothing to do with my son's mobilization work. "Yin said that he was borrowed between him and Sun. He was not deceived. I believe that Sun will return the loan to him after being released from prison.

"You have reported to the public security organs for the case, but when the public security organs verify you, why do you claim that you have not been deceived?" Facing the inquiry of the case handling of the case, Yin could not give a reasonable explanation. Yin is sincere, but he often cannot answer on some details, and even contradicts.

What is he deliberately concealed? Is Sun suspected of fraud? Who is lying by Sun and Yin? The investigation of the case was in a deadlock.

The interpretation is reasonable, the victim tells the truth

In order to find out the truth of the case, the prosecutor handling the case once again reviewed the witness Yin, and after patience, he found that he really had concerns: one is that he was in fear and was worried that his behavior would commit bribery and would be held criminally responsible. Usually, I have to face it, for fear that the case will spread out the image of its teacher; the third is to "recognize the planting", and there is no hope for recovering the funds of the deceived funds.

The prosecutor handling the case patiently explained to Yin, answered one by one to the questions he was worried about, and agreed to protect his privacy. When Yin learned that his behavior did not violate the law, he finally reached a heavy burden and took the initiative to say that he was deceived.

Things start from two years ago. In August 2020, at a meal, Yin's good friend Zhao introduced a "high man" for him. It is said that he was a deputy general manager of a central enterprise. He had strong economic strength and had a doorway to coordinate difficult events. After learning that Yin's son was working in a power plant in Tancheng County and a lot of night shifts, he took the initiative to propose to help Yin's son to transfer to administrative management positions. Yin was tempted.

This "high man" is Sun, Sun, the suspect in the case.

After the two met, Sun often contacted Yin by phone and WeChat. Sun Mou said that Yin's son is his son. He will help the child to mobilize his work and show Yin Mou's WeChat chat with local leaders to screenshots, saying that he has sufficient network resources. At the same time, Sun also revealed to Yin Mou that he had prepared hundreds of millions of yuan to plan to enter Caoxian education.

After learning about this, Yin was more convinced of Sun's identity. Many of Sun's thoughts coincided with Yin who was engaged in education. There were more and more common topics between the two, and their feelings quickly heated up.

In September 2020, Sun had to borrow 80,000 yuan from Yin's hands on the grounds that there was something in the family and the need to coordinate the work of Yin's son.

After the loan, Sun suddenly lost contact, and Yin realized that he was deceived.

The truth is big, the procuratorial organs add up to the prosecution

Is it a civil loan or a fraud? According to the case -handling prosecutor, it mainly depends on whether the actor has the purpose of "illegal possession".

In response to the doubts of the case, the Caoxian Procuratorate formulated a detailed outline of the replenishment, listing more than 20 supplementary investigations to guide public security organs to continue investigation and evidence.

During the replenishment of the investigation, the prosecutor handling the case had repeatedly communicated with the investigators and studied the case in a timely manner.

In the end, the public security organs added relevant evidence materials. After investigation, there was no asset in Sun's name, and he did not have a fixed work. Before knowing Yin, he had been identified as "Lao Lai". Most foreign debts were used. Smoles.

In the face of evidence, Sun's sophistry did not attack himself.After discussions with the joint meeting of the prosecutor, the prosecutors attended the consensus, thinking that Sun Mou had a fictional identity and deceived Yin Money's money without the ability to repay. It subjectively had the intention of illegal possession.10,000 yuan should be held criminally responsible for fraud.On April 12 this year, Cao County Procuratorate filed a public prosecution for suspected fraud.

Afterwards, the prosecutor handling the case patiently explained to Sun and his family members, and explained the impact of active retreat on sentencing from the lenient system in combination with the confession and punishment, prompting the losses of the victims to the victims, and obtaining the understanding of the victim.

In the end, under the witness of the prosecutor of the case and the lawyer on duty, Sun's close relatives and victims Yin and Zhao reached a compensation and understanding agreement.Sun was refunded 280,000 yuan in illegal income and was punished by law.

(Source: Procuratorial Daily Author: Lu Jin Zeng Zhangquan Zhao Qingxiang)

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