With the rapid development of the information society, various forms of fraud are emerging. 'Zero risk,' 'high return,' 'no threshold,' and other deceptive language are commonly used by them. In order to further enhance everyone's awareness of anti fraud and master anti fraud skills, on the occasion of the National Investor Protection Promotion Day on May 15th, Guanzhong Ecology focuses on two aspects: life anti fraud and investment anti fraud. Combining real cases, it helps everyone activate the anti fraud radar, eliminate traps such as "zero risk", "high return", and "no threshold", and protect their money bags.
Life Fraud Prevention
Borrowing money at high interest rates for repayment? Be careful not to encounter the "beheading" chicken flying and egg beating
Borrowing money, I believe everyone is familiar with it, but have you ever encountered a borrower promising to repay with high interest rates? Is there a hidden danger behind high interest repayment? Li Wangcai's experience has revealed the answer for us
Case Review
In 2018, Li Wangcai met Tie Dan and Cui Hua, a couple with similar interests. They met late after three glasses and two glasses of light wine. Iron Egg and Cuihua are good at socializing and extravagant, often taking Li Wangcai to various high-end entertainment venues and hotels.
In 2019, Tiedan borrowed money from Li Wangcai under the pretext of business turnover and promised to repay it after one year, with a monthly interest rate of 5% on the borrowed funds. Li Wangcai, who was originally hesitant, thought that he had taken advantage of the iron egg couple to some extent in his previous relationship, and the temptation of high interest rates, so he gladly agreed.
In August and November, Li Wangcai transferred 97000 yuan and 96000 yuan respectively to Tiedan through bank transfers, and received a promissory note of 200000 yuan from Tiedan. The monthly interest rate was not specified in the loan agreement between the two parties, but was only verbally agreed upon.
The money was lent out, and at first Iron Egg was able to transfer the agreed interest to Li Wangcai. Lying at home with such high interest rates, Li Wangcai was full of pride, but this' pride 'did not last long. In 2020, the interest rate of Tiedan was not on time anymore, and it was often pushed by Li Wangcai to transfer some. By 2021, the interest had completely disappeared.
The interest is gone, and the principal cannot be recovered. Li Wangcai is anxious. In 2022, Li Wangcai, who had been chasing after him for a long time but failed, ran to the court with a promissory note. Fortunately, Iron Egg and Cuihua admitted to borrowing money in court.
It was only after the judge's trial that Li Wangcai understood that the loan principal was based on the actual amount paid, and "beheading interest" was not protected by law. Therefore, the court determined that the loan principal was 193000 yuan. However, regarding the interest, in the trial, China Railway Egg refused to recognize the interest portion on the grounds that no interest was agreed upon at that time, and the loan involved in the case was an interest free loan. Due to Li Wangcai's failure to provide sufficient evidence to prove the interest agreement between the two parties, the court ultimately ruled that no interest would be paid. So, Iron Egg gradually paid Li Wangcai 63000 yuan as repayment principal in the early stage and deducted it.
In the end, the court ruled that Tie Dan and Cui Hua would return the loan principal of 130000 yuan to Li Wangcai, with "cutting off interest" and "high interest" all being "chicken flying eggs".
Warm Reminder
1. 'Beheading' is unacceptable!
The Civil Code stipulates that "the interest on a loan shall not be deducted from the principal in advance, and the determination of the loan principal shall be based on the actual amount of the loan." Therefore, as a lender, one should not be greedy, be more rational and conscious, and avoid falling into a minefield.
2. The loan agreement should specify the interest!
According to the Civil Code, if the lender claims to pay interest but cannot provide evidence to prove that the parties have agreed to pay interest, the lender's claim for interest in the lawsuit will not be supported. So, when lending money to others, we must clearly state the interest rate, interest settlement method, etc. on the loan agreement.
Investment fraud prevention
The pie falling from the sky is not trustworthy, be careful not to fall into the trap of "non sucking"
What is' non suction '?
Non absorption, also known as illegal absorption of public deposits, refers to the act of illegally absorbing public deposits or indirectly absorbing public deposits by promising to repay principal and interest or providing other investment returns in violation of national financial management laws and regulations, disrupting financial order, and thus constituting a crime.
What are the common forms of 'non suction'?
◆ Illegally absorbing funds through methods such as return on investment sales, post-sale leasing, agreed buybacks, or selling property shares without the true content of real estate sales or without the main purpose of real estate sales.
Illegal absorption of funds through transfer of forest rights and management on behalf of others.
Illegally absorbing funds through methods such as substitute planting (breeding), rental planting (breeding), and joint planting (breeding).
◆ Without the true content of selling goods or providing services, or without the main purpose of selling goods or providing services, illegally absorbing funds through methods such as repurchasing goods, storing and selling on behalf of others.
◆ Without the true content of issuing stocks and bonds, illegally absorbing funds through false transfer of equity, issuance of fictitious bonds, and other means.
◆ Without the true content of fundraising, illegally absorbing funds through methods such as borrowing overseas funds or selling fictitious funds.
Not possessing the true content of selling insurance, illegally absorbing funds through counterfeit insurance companies, forging insurance documents, and other means.
Illegally absorbing funds through investment and shareholding.
Illegally absorbing funds through entrusted wealth management.
Using non-governmental organizations such as associations and societies to illegally absorb funds.
Legal consequences
Article 176 of the Criminal Law of the People's Republic of China Illegally absorbing public deposits or indirectly absorbing public deposits. Those who disrupt financial order shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50000 yuan but not more than 500000 yuan.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and its directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Those who engage in the first two behaviors and actively return the stolen goods and compensation before filing a public prosecution, in order to reduce the occurrence of damages, may be given a lighter or mitigated punishment.
Case Review
Recently, the Henan Banking and Insurance Regulatory Bureau released two pieces of administrative penalty information, revealing another typical case of bank employees being sentenced for participating in "non smoking" activities.
This matter involves Yao Xuefang, an employee of the Gongyi branch of a certain bank at the time. According to relevant documents, he engaged in "non suction" activities under the guise of high interest savings collection, involving up to 132 participants with a time span of over 10 years.
From June 22, 2004 to December 4, 2014, Yao Xuefang, while working at a bank, used the name of the bank's internal small treasury and investment enterprise as a lure to attract funds from unspecified individuals in society at high interest rates ranging from 7% to 8%, and then issued loan slips and passbooks to fundraisers.
Some victims of illegal fundraising have given their passbooks, passwords, and ID cards to Yao Xuefang. For example, when a party named Ba Yong was depositing money, Yao Xuefang informed him that he could offer the other party interest rates higher than the bank's current deposit rate in order to attract deposits. Therefore, Ba Yong handed over his passbook, password, and ID card to Yao Xuefang, and asked her to handle a current passbook for him worth 800000 yuan.
On July 28, 2011, the party involved Liao Aizhen deposited 100000 yuan at the Gongyi branch, and the Gongyi branch issued a passbook to Liao Aizhen. On July 30, 2011 and August 1, 2011, the item was withdrawn in three installments. After investigation, it was found that the deposit, withdrawal, and withdrawal procedures were all handled with the assistance of Yao Xuefang, who was the lobby manager of the branch office at that time. When handling the withdrawal procedures, Yao Xuefang signed "Liao Aizhen" on the withdrawal receipt and withdrew the funds.
On May 19, 2014, Liu Qihong transferred 500000 yuan to the Chengnan branch of Gongyi branch, with a deposit term of one year. Assisted by the lobby manager at the time, Yao Xuefang, the funds were later withdrawn by others and transferred to herself for use.
According to statistics, the Yao Xuefang case involves a "non monetary" amount of at least one million yuan, with 132 fundraising participants involved.
Yao Xuefang has been sentenced to five years and six months in prison and fined 200000 yuan by the Gongyi City People's Court for the crime of illegally absorbing public deposits.
Warm Reminder
How to prevent falling into the 'non suction' trap?
High interest rates carry risks, so investment and financial management should be cautious. Choose a reputable and qualified financial institution when investing. In addition, one should also raise their awareness of prevention and be cautious when dealing with annual interest rates exceeding 6%. Always remember that 'pies never fall from the sky' and keep your money bag safe.
2. What should I do if I fall into a 'non suction' trap?
Collect and organize relevant evidence, report to the police in a timely manner, hand it over to the public security organs for processing, patiently wait for the processing results, and use legal means to protect one's property rights and interests.
Write at the end
In order to avoid economic losses, whether in life or investment, everyone must keep their eyes open and be wary of phrases such as "no threshold", "high return", "zero risk", and not fall into the trap of scammers.
At the same time, we also call on everyone to report to the public security organs in a timely manner when they discover illegal absorption of public deposits around them, in order to safeguard the safety of public property and the stable operation of financial order.
Content sources: Liuhe Court, Xinjin Court, Pingcheng District People's Procuratorate of Datong City, Changsha Anti Illegal Publications Line
