The intermediary "brushed his face" to defraud the owner's real estate, and 29 cases were sentenced to life in 8 months

Editor/Shi Aihua

Wei is an intermediary who is handling business.

I brushed my face on the screen of my mobile phone, and my property was transferred to someone else's name.

From June 5438 to February 2020, Bei Qingshen reported that an intermediary in Nanning, Guangxi used the "brush face" function of APP to secretly transfer other people's property.

In this case, the intermediary Wei, together with Zeng Zhining and Xu Qiongyun, took advantage of the "loophole" in the official APP of Nanning Real Estate Registration Center, brushed the seller's face in the name of inquiring about the house files, and privately transferred the house property to the name of the buyer or holder, then used the house property to handle the mortgage loan and transferred the mortgage money to the designated account. From March to June, 2020, 5438+00, three people committed 29 crimes in Nanning, involving more than 40 million yuan.

In June 5438 +2020 10, the public security organs arrested three people after filing a case. At the end of 20021,the Nanning Procuratorate sued three people to Nanning Intermediate People's Court for theft, and the case was opened in June 2022.

On the eve of New Year's Day in 2023, the injured owners finally received the first-instance judgment: Wei, Zeng Zhining and Xu Qiongyun were sentenced to life imprisonment, fixed-term imprisonment 12 years and 1 1 year respectively for theft. The cheated house will also return to the original owner's name.

On the eve of New Year's Day in 2023, a victim owner got the verdict. According to the judgment, the cheated property will return to his name.

Unlimited _ _ _ _

On October 3rd, 2023/KLOC-0, 65438, Lu Ke was sentenced. The "bad worries" that have plagued him and 28 other families for more than two years have finally come to an end.

In April, 2020, Lu Ke put a house of133m2 under her mother's name for sale online. A few months later, Wei, who claimed to be an excellent intermediary, contacted him and said that he had found a buyer.

On September 26th of the same year, the buyer and the seller signed the Real Estate Agency Contract with the intermediary in Youju Store, and Lu Ke received a deposit of 30,000 yuan. He recalled that on the day of signing the contract, Wei used a mobile phone APP, called "Deng in the fault" and asked the house keeper to authenticate face to face on the grounds of "brushing his face". "He used his mobile phone to call up a face authentication interface. There is a face-shaped box in the center of the screen, which is very similar to Alipay's face authentication interface."

Twenty days later, I inquired in the real estate trading center that my house was transferred to the buyer's name on the day of signing the contract, but the intermediary Wei could no longer contact. Subsequently, Lu Ke called the police.

In the process of reporting the case, Lu Ke found that he was not the only victim. Some sellers said that they had never heard of "Tang Zhong Wu Deng" before the incident. Because the face information authentication interface of the APP has no text or voice prompts, when Wei Yuanpeng brushed their faces, they didn't know what business they were operating at that time. The house was transferred without knowing it. A screenshot of the "e-Deng" software provided by an owner shows that the house with a name of 120 square meters was only transferred to the buyer at the price of 70 yuan.

The reporter once learned that "e-Deng" is an online business processing platform launched by Nanning Real Estate Registration Center in April 20 18. The user manual of Nanning real estate comprehensive service platform shows that users can "sign in" and "authorize house sale and mortgage business at home without leaving home". The staff of Nanning Real Estate Registration Center once told reporters that before the incident, the online real estate transfer process included filling in information, signing electronic contracts, paying taxes and fees, and face authentication. Among them, the signature of electronic contract and face authentication must be completed by myself.

The reporter learned that Wei is a franchisee of Youju Real Estate. He used the convenience of the intermediary to obtain a large number of housing information on relevant platforms and chose high-quality real estate purchased in full. Wei, Zeng Zhining and Xu Qiongyun used the gimmick of "buying a house with zero down payment" to attract buyers, or paid a benefit fee to attract holders, arranged for buyers and sellers to sign a house sale contract, and obtained information from both parties.

After signing the contract, Wei will pay a small deposit to the seller on the spot, and then cheat the seller to brush his face on the "e-Deng" APP in the name of file search, and pretend to be the owner's signature, and secretly transfer the property to the buyer or holder's name. Because checking files is a routine process in real estate transactions, most owners don't doubt it. Then, Wei and others asked the buyer or holder to cooperate with them to handle the private mortgage of the transaction property, and the obtained mortgage loan was credited to the bank account designated by Wei.

Criminal judgment, Nanning Intermediate People's Court shows that from March to June, 2020, 5438+00, three people committed 29 crimes in Nanning by the same means, involving more than 40 million yuan.

The court found that the defendants Wei, Zeng Zhining and Xu Qiongyun secretly transferred the property to the buyer's name for illegal interests, which constituted theft. After the transfer of real estate, it is a crime of contract fraud to ask the buyer to cooperate with others to mortgage the loan and transfer the borrowed money to the bank account designated by Wei.

The court held that the theft and contract fraud of the three men were implicated offenders and should be convicted and punished for theft. The court of first instance ruled that the defendant Wei was guilty of theft, sentenced to life imprisonment, deprived of political rights for life, and fined 200,000 yuan. Defendant Ceng Zhi Ning committed theft and was sentenced to fixed-term imprisonment of 12 years and fined150,000 yuan. Defendant Xu Qiongyun committed theft and was sentenced to fixed-term imprisonment of 1 1 year and fined 1 ten thousand yuan.

The court mentioned in the judgment that the seized property will be returned to the original property owner according to law; Defendants Wei, Zeng Zhining and Xu Qiongyun recovered the property paid to the original property owner for stealing, and compensated the victims in proportion. For the insufficient part, the defendants Wei, Zeng Zhining and Xu Qiongyun were ordered to continue to make compensation.

Notice of trial

Two accomplices have debts with the principal offender.

With the trial of the case, some criminal details behind it have also been exposed. Wei's two associates mentioned in their confessions that they had a debt relationship with Wei, and because they could not afford to pay back the money, they cooperated with Wei to implement the "cheat the house" plan.

On the morning of June 25th, 2022, 10, the case was heard in Nanning Intermediate People's Court. Three defendants, their defenders and three agents ad litem of the victim appeared in court, and some owners attended the trial. Ms. Qin, the owner who attended the meeting that day, said that all three defendants appeared in court by video.

In view of the alleged criminal facts, the public prosecution agency read out and produced documentary evidence such as the house purchase contract, mortgage loan contract, property inquiry certificate, bank transfer record and witness testimony in court. The public prosecution agency believes that the defendants Wei, Zeng Zhining and Xu Qiongyun stole other people's property for the purpose of illegal possession, and the amount was extremely huge, so they should be investigated for criminal responsibility for theft.

In addition, the court held that after the property was transferred, the three people asked the buyer to cooperate with others in mortgage loans, and the loans were transferred to the bank account designated by Wei, which constituted the crime of contract fraud.

Ms. Qin said that Wei admitted his criminal facts in court and his defender had no objection to the facts and charges alleged in the indictment. Two other people involved in the case and their defenders raised objections.

In the court, the defendant Zeng Zhining pleaded guilty, but said that he did not know that his behavior constituted a crime and asked the court to give him a lighter punishment. His defender believes that the theft in this case was carried out by Wei alone, without consulting Zeng Zhining, and there was no collusion between them; When Zeng Zhining applied for a housing loan, he did not consider verifying whether the ownership of the house was legal. He didn't know that the house was stolen by Wei, and he didn't profit from Wei's theft. He asked the court for leniency.

Defendant Xu Qiongyun objected to the facts and charges in the indictment, arguing that he did not steal other people's property together with Wei and Zeng Zhining, nor did he know the source of the house. He just introduced the business according to Wei's arrangement and only got a commission. His defender suggested that Xu Qiongyun did not collude with Wei, which did not constitute theft, and requested the court to acquit him.

According to the judgment, after investigation, the three defendants have confessed to the time, place, specific process and division of labor of the negotiation, and the contents are consistent: Wei is responsible for finding buyers and sellers to sign house sales contracts and transfer real estate, and Zeng Zhining and Xu Qiongyun find "gold owners" to mortgage loans and accompany them to see the house and handle the loan process, and the funds obtained are controlled and dominated by Wei.

According to the confessions of defendants Xu Qiongyun and Zeng Zhining, one day in May and June, 2020, Wei proposed that due to the huge funding gap, he wanted to transfer his property to the buyer's name without the seller's knowledge, then mortgage it to private individuals, make up the funding gap with mortgage loans, and then slowly apply for bank loans.

Xu Qiongyun admitted that when Wei put forward this idea, Zeng Zhining didn't speak, but he opposed it. But Xu Qiongyun mentioned that both of them had borrowed money from Wei. When she opposed the plan of "cheating the house", Wei asked her to repay the 6.5438+0.3 million yuan and interest she had borrowed before. Because there was no money to pay him back, she had to cooperate with Wei to continue.

In addition, Zeng Zhining was also at the scene when some properties were transferred. He also used "e-Deng" to brush the faces of buyers and sellers to transfer money, and even signed a contract with the victim directly as a buyer. After part of the victim's house was mortgaged, part of the money was transferred to personal bank accounts of Zeng Zhining and Xu Qiongyun.

The court held that Zeng Zhining and Xu Qiongyun knew about Wei's theft, and rejected the above excuses and defense opinions.

The house is back.

For Ms. Qin and more than 20 other victims, whether the house can be recovered smoothly is what they are most concerned about after the incident.

During the trial, the prosecution and the defense also discussed the nature of the case and the disposal of real estate.

The victim's litigation agent proposed that the ownership of the property involved should be owned, and the house sales contract was invalid because of Wei's fraudulent behavior, and the effect of property right change could not occur; In this case, the establishment of mortgage is invalid, and the obligee does not meet the conditions of bona fide acquisition and does not enjoy the right to dispose of property; When Wei and others commit crimes against the property of the original owner, they should return it to the original owner according to law, and reduce the loss of the "golden owner" by means of recovery or ordering restitution.

In addition, the agent ad litem of the victim, Yan Kun, also suggested that the case was premeditated by the three defendants in advance, and was implemented step by step through division of labor and cooperation. The three defendants also constitute theft and contract fraud, and should be punished for several crimes.

According to the judgment, the court held that the property seized in this case was done by Wei, and the original owner was not at fault. It should be returned to the original owner in this state before the original owner brushed his face. Because the property is stolen, the subsequent mortgage set on the property is invalid from beginning to end, and will be revoked by the housing management department that set the mortgage registration record. The borrower's loss should not be compensated by the original owner's property, but the defendant in this case should be ordered to make restitution.

After getting the verdict, Lu Ke told the news to his mother. "This is much better than we expected. The original road of the house was returned to us, saving a lot of subsequent troubles. " He said that before learning the verdict, the owners had been worried that the house could not be recovered and it was difficult to get the house payment.

For more than two years, the life of the Luke family was completely disrupted by the accident of selling a house. When he was going to sell the house under his mother's name, he changed a new house for his parents. The day the house was transferred happened to be his mother's birthday. What he originally thought was to add joy to his happiness, but he encountered a scam. Prior to this, Lu Ke had already paid the down payment for the new house, and then paid for the new house when he got the house payment.

Economic problems have put great pressure on his family. Later, Lu Ke borrowed money to make up the down payment and paid back a loan of more than 6,000 yuan every month. What worries him even more is that it is still unknown whether the "sold" house can be recovered.

In order to recover the losses, Lu Ke and other owners have gone to many relevant departments to report problems in the past two years, and they often pay attention to the verdict of similar cases in other cities. A reply from Nanning Public Security Bureau to the proposal of CPPCC provided by the owner mentioned that after the incident, the Municipal Bureau of Natural Resources will negotiate with relevant departments to establish an intermediary filing supervision mechanism, and strengthen the restraint management of real estate intermediary agency behavior by establishing and improving the integrity mechanism of real estate registration agency behavior. After the incident, the competent authorities also added functions such as voice information collection, second face brushing authentication, and SMS verification code to the "e-boarding" APP process settings.

Many victims mentioned that "Youju" has many local stores in Nanning, and its reputation has always been good. Previously, the relevant person in charge of Youju said in an interview with the media that the store involved in Wei was a Youju franchise store, and the headquarters cancelled the franchise contract with Wei in August 2020. According to the victim's boss, Wei's shop still has a chainsaw sign.

Lu Ke believes that Youju Headquarters has loopholes in personnel management, and the next step may be to investigate the responsibility of Youju Headquarters through civil litigation.

Now that the house has been settled, he told his mother, "If all goes well, the house will return to our name after the year."

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