Why is no one paying attention to car loan fraud?

Being defrauded by a loan, the process was full of twists and turns. The police did not file a case. I met a netizen at a campus event, and he was responsible for the event manager. Later, he said that his boyfriend was sick and he renewed the loan from October 2019 to May 2020. 100,000 yuan, from October 2020 to May 2021, he said he wanted to repay the loan, but the repayment was on the grounds that he had to pay interest on a private loan from abroad. During this period, he also claimed that his father had to pay interest on a loan, one after another. Fraudulently borrowing money, from March 2021 to 2021, the party involved used the excuse that the bank card was frozen when the money arrived, and forged screenshots of bank chats, defrauding the applicant of 460,000 yuan, and later the applicant filled in an online IOU, in March 2021 By May, the client, Wang, claimed that his bank card had been frozen and unblocked, and then lied about going to Russia to sell land to repay the loan. During this period, he entrusted others to repay the loan. Later, he said that he had a brain illness and had not long left to live. The client claimed that the client was dead and released Moments, in June 2021, the party concerned contacted the applicant on WeChat, saying that he was alive but the money was gone. During the period, the small amount of repayment was completely to conceal the fact, and was afraid that the applicant would discover the truth. Call it cheated. The police station reported the case on July 14, 2121. On September 1, the case was notified that the case would not be filed. On September 2, the administrative reconsideration and other results were issued.

You will understand why it is difficult for the police to file financial fraud cases after reading this. Recently, I have seen many friends on Zhihu encountering all kinds of scams, especially pig killing, illegal foreign exchange, futures, and stock allocation. Most of them are senior citizens and want to call the police, but they don’t know how to do it. In practice, if investors or victims want to file criminal charges in such cases involving suspected economic crimes, which is commonly known as reporting the case, the first thing the police will consider after accepting the case is whether it is a criminal offense or a civil crime. Economic disputes, because if they are civil economic disputes, there is no criminal issue. Once the police file a case for investigation, they will often worry about "intervening in the economic dispute through criminal means", resulting in a wrong case being filed, and the relevant police officers may bear the responsibility for the wrong case. Therefore, many investors and victims will complain that it is too difficult to file a case in practice. Secondly, it is difficult to file many financial fraud cases. The author believes that the main reasons are as follows: First, it is very troublesome to find the scammers. Since he is a liar, he should have certain anti-investigation capabilities, so it is not easy for the police to find the liar. Second, the workload is heavy. Financial fraud cases involve a large number of people and a lot of case materials. The main reason is that the victims are distributed all over the country. If the police handle the case, they need to travel all over the country. The workload is heavy and the funds are small, so it is difficult to file a case. Third, there are few police personnel. The police are already very busy handling ordinary criminal cases in the community. In addition, they have no time to deal with such financial fraud cases. This is understandable. Fourth, there is little evidence and few clues. Telecom and Internet fraud, in particular, is a non-contact crime, which means that the victim does not even know who the scammer is and their money is defrauded. The only evidence the victim has is bank statements, some chat records on his mobile phone, or some things on the scammer's platform, so the evidence is very limited. This makes it very difficult for the police to handle the case, so it is difficult to file a case. Fourth, it is difficult to recover money. In fraud cases, the police generally know that it is really difficult to recover the money. Unless the payment can be stopped quickly, it will be difficult to recover the money. Of course, the main goal of the police is to catch the scammer, but recovering the money is not their concern. But the victims mainly want to get their money back and are concerned about money. The two are not on the same channel, so what is the purpose of the police filing a criminal case? Therefore, since the purpose of the victim cannot be achieved, there is no need to file a case. Fifth, policy requirements. The so-called policy requirements mainly apply to cases of fund-raising fraud or illegal absorption of public deposits. For this type of case, it is mainly P2P or private equity fund cases. For this type of case, it cannot be completely said to be fraud, because some projects on these platforms exist, but the capital chain is broken, but there are still assets, and the realization of assets requires At this time, the policy requirement is for them to exit benignly, especially those registered formal funds.

Of course, they are said to be legitimate because some products or projects do indeed exist, and of course some do not. In this case, the public security also hopes that the platform can exit in a healthy manner, so it will not file a case. In addition to the above reasons, the police will definitely have other reasons. Of course, the police have also filed many cases and many criminal cases have been reported in the media. It is precisely because of these criminal cases that the police have no time to deal with other criminal cases. Therefore, the victim should still work hard to recover the money on his own and rely entirely on the help of the police. Sometimes, the police's help is limited. Why do swindlers always exist? The author has been thinking about why swindlers always exist? Why are they so hard to fight? The author believes that the reason why swindlers always exist is that the cost of breaking the law is too low. Scammers are very smart. If you are so smart, why do you deceive people? Why don't you do serious business and deceive people? This is because through fraud, you can make money too quickly. There is no industry like fraud where money comes in quickly and does not require too much cost. The cost is nothing more than fund transfer. As long as the fund transfer is done well, that is, the channel is found, then there will be no cost. When we get used to making quick money, we simply won’t like industries that make money slowly, that is, formal industries. Therefore, scammers only like fraud and do not like formal industries. This also means that scammers can only cheat, but scammers in other industries cannot. But in fact, scammers are sometimes proficient in a certain industry, and they cheat because they have seized on the loopholes in this industry. The low cost of illegal crimes mainly means that the police are basically unable to catch scammers. The reason has been explained above in this article. So the legal risk is too low. Since the risk is so low and the money comes so quickly, why don't they engage in this business? In addition, swindlers have a deep understanding of human nature, because they are trained by masters, who have compiled their words and scripts, and captured human nature. The weakness of greed. The above is some summary of experience, I hope it can be useful to the victims. Women who have returned from overseas can be deceived, so sometimes, being deceived has nothing to do with IQ, everyone can be deceived. As for why victims are deceived, simply put, the reasons include: one is trust, the other is greed, and the other is gambling. Have you encountered similar experiences? Welcome to leave a message for discussion and consultation.

How will the crime of loan fraud be punished? What are the filing and punishment standards? Zeng Jie: Guangqiang Law Firm·Jinya Dazhuang Criminal Lawyer Team (Jinya Dazhuang Lawyer Network) Financial Crime Defense and Research Center Summary from the Secretary-General: As for the relevant penalty standards for the crime of loan fraud, since there are different regulations in different places and periods, the author believes that it is necessary to conduct a systematic review based on actual cases and relevant laws and regulations. The crime of loan fraud refers to the act of defrauding a bank or other financial institution of a relatively large loan by using fictitious facts or concealing the truth for the purpose of illegal possession. This crime is a common crime in financial crime cases, and its standards for filing and punishment (such as relatively large, huge, and extremely huge amounts) have been set since the 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases" After being determined, the judicial organs have made adjustments and refinements based on the conditions of each period and locality. For example, the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Agencies (II)" that came into effect in May 2010 》The prosecution standard for the crime of loan fraud has been raised from 10,000 yuan to 20,000 yuan. Judicial authorities in Guangdong, Zhejiang, Shanghai and other places have successively issued regulations, making different provisions on the relevant amount standards for this crime. The differences are large. Therefore, Regarding the relevant penalty standards for the crime of loan fraud, the author believes that it is necessary to conduct a systematic review based on actual cases and relevant laws and regulations to clarify relevant issues. 1. The criminal prosecution standard for loan fraud is: 20,000 yuan. It used to be 10,000, but after 2010 it is no longer 10,000. There are still many people who think it is 10,000, which is simply misleading. But I think the 20,000 standard is still too low.

The "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II)" that came into effect in May 2010 raised the standard for filing and prosecution of loan fraud crimes from 10,000 yuan to 20,000 yuan, which means , the criminal law stipulates that the standard for "large amount" in the crime of loan fraud is changed to 20,000 yuan. 2. The criteria for the crime of loan fraud to be relatively large, huge, or particularly huge. The penalty standards for this crime are relatively complex, and the standards vary from province to province. Let’s discuss them one by one: my country’s criminal law stipulates that loan fraud: If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, the person shall be sentenced to five years’ imprisonment. Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than RMB 10,000 or property confiscation may be imposed. So what is the standard for a large amount, a huge amount, or an especially huge amount? According to the 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases": An individual commits loan fraud of more than 10,000 yuan. , belongs to "large amount"; (However, due to the modification of the standards for filing and prosecution in 2010, the standard for large amounts has been adjusted to 20,000 yuan). If the amount of loan fraud committed by an individual is more than 50,000 yuan, it is classified as "huge amount"; if the amount of loan fraud committed by an individual is more than 200,000 yuan, it is classified as "particularly huge amount." Other serious circumstances and other particularly serious circumstances are: Other serious circumstances refer to: (1) Bribing a large amount to staff of a bank or financial institution in order to defraud a loan; (2) Squandering a loan, or using the loan to Carrying out illegal activities, resulting in the inability to repay the loan when it expires; (3) Concealing the whereabouts of the loan and refusing to repay it after the loan period expires; (4) Providing false guarantees to apply for a loan, and refusing to repay it after the loan period expires; ( 5) Apply for a loan in the name of another person and refuse to repay it after the loan period expires. Other particularly serious circumstances refer to: (1) Bribery of a huge amount to staff of banks or financial institutions in order to obtain loans by fraud; (2) Escape with raised funds; (3) Use of loans to carry out criminal activities. Standards for relatively large, huge, and especially huge amounts in some provinces and cities: However, since the standards for large, huge, and especially huge amounts were formulated in 1996, this standard appears to be too strict today in 2018. Therefore, some Provinces and cities have also stipulated their own standards for the crime of loan fraud: Zhejiang: For example, Zhejiang’s standards are consistent with the latest prosecution standards. 20,000 is a large amount, and 100 or more is a particularly huge amount: Zhejiang Provincial Higher People’s Court The "Opinions on the Circumstances and Amount Standards for Conviction and Sentencing of Some Crimes" issued in 2012 stipulates that if the amount of loan fraud is more than 20,000 yuan and less than 200,000 yuan, it is considered a "large amount" and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to two years' imprisonment. A fine of not less than 10,000 yuan but not more than 200,000 yuan is imposed. If the amount of loan fraud is more than 200,000 yuan but less than 1 million yuan, it is classified as "huge amount" and shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. If the amount of loan fraud exceeds 1 million yuan, it is classified as "especially huge" and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or property shall be confiscated. For example, in the loan fraud case of Xu in Zhejiang, the defendant's loan fraud amounted to 180,000 yuan, which was determined to be a relatively large amount. He was ultimately sentenced to one year and eight months in prison, with a suspended sentence of two years and six months. Shanghai: Shanghai and Zhejiang maintain the same standards. According to the "Shanghai Opinions on Specific Amount Standards for Handling Certain Fraud Crime Cases" on July 12, 2011, loan fraud of more than 20,000 yuan and less than 200,000 yuan is considered a "large amount" . Loan fraud involving more than 200,000 yuan but less than 1 million yuan is considered a "huge amount". Loan fraud involving more than 1 million yuan is considered an "extremely huge amount."

Jiangsu: Jiangsu Province’s standards are more relaxed: According to the Jiangsu Province Economic Crime Conviction and Punishment Standards announced on December 14, 2017 (Economic Crime Case Meeting Minutes), for the purpose of illegal possession, defrauding banks or other financial institutions of loans, the amount is within five If the amount is between 100,000 yuan and 2 million yuan, it should generally be deemed as a "huge amount" as stipulated in Article 193 of the Criminal Law; The "amount is particularly huge" stipulated in the three articles. Guangdong: The standards in Guangdong Province are also much higher than before: the "Minutes of the Symposium on Handling Cases of Crimes Undermining the Socialist Market Economic Order" implemented in 2014 stipulates: regarding the crime of loan fraud, bill fraud, and financial certificate fraud. , the amount standard for the crime of securities fraud and insurance fraud. The perpetrators carry out the above types of fraud. If the amount is less than 400,000 yuan, it is a "large amount"; if the amount is more than 400,000 yuan but less than 1.5 million yuan, it is a "huge amount"; if the amount is more than 1.5 million yuan, it is a "special amount" huge". For example, in the Guangdong Liang Juxian case of credit card fraud and loan fraud, the defendant committed a loan fraud of 260,000 yuan, which was only considered to be a relatively large amount and was sentenced to 3 years in prison. The Supreme Court's Sentencing Guidance: According to the 2010 edition of the "Supreme People's Court: People's Court Sentencing Guidance (Trial)", (the sentencing guidance has fallen far behind the standards set by some provinces and cities in terms of amount, so the sentencing guidance Only has a limited reference function). The starting point for sentencing for loan fraud is still 10,000 yuan. Some provinces and cities will also refer to it: Article 74: Fixed-term imprisonment of not more than five years and criminal detention for loan fraud of more than 10,000 yuan. If the amount is less than 10,000 yuan, the base sentence is criminal detention; if the amount is 10,000 yuan, the base sentence is six months in prison; for every additional 600 yuan, the sentence will be increased by one month. Article 75: Fixed-term imprisonment of not less than five years but not more than ten years (1) Loan fraud of more than RMB 40,000 but less than RMB 50,000 and one of the following circumstances is found to have "other serious circumstances". For those who commit loan fraud of RMB 40,000, the base sentence is five years in prison; for every additional RMB 800, the prison term is increased by one month; for each additional circumstance, the prison term is increased by six months: (1) To defraud a loan, work for a bank or financial institution Personnel bribes a large amount; (2) squanders the loan or uses the loan to carry out illegal activities, resulting in the loan being unable to be repaid when it expires; (3) Concealing the whereabouts of the loan and refusing to repay it after the loan period expires; (4) Providing false information Applying for a loan as a guarantee, but refusing to repay it after the loan period expires; (5) Applying for a loan in the name of another person, but refusing to repay it after the loan period expires. (2) If a person commits loan fraud of RMB 50,000, the base sentence is five years in prison; for every additional RMB 3,500, the sentence will be increased by one month; for each additional circumstance specified in Paragraph 1, the sentence will be increased by six months. Article 76 Sentencing conditions for fixed-term imprisonment of more than ten years (1) Loan fraud of more than 160,000 yuan but less than 200,000 yuan, and one of the following circumstances is found to have "other particularly serious circumstances". For loan fraud of RMB 160,000, the base sentence is ten years in prison; for every additional RMB 4,000, the prison term is increased by one month; for each additional circumstance, the prison term is increased by one year: (1) In order to defraud a loan, the prison term is increased by one month Bribery, a huge amount; (2) Running away with the loan; (3) Using the loan to carry out criminal activities. (2) For loan fraud of RMB 200,000, the base sentence is ten years in prison; for every additional RMB 10,000, the sentence is increased by one month; for each additional circumstance in the preceding paragraph, the sentence is increased by one year.