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Guiding Case No. 87 of the Supreme People's Procuratorate: Case of false litigation arising from “trap loans” by Li Weijun and other persons
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检例第87号：李卫俊等“套路贷”虚假诉讼案
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【法宝引证码】
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| Guiding Case No. 87 of the Supreme People's Procuratorate: Case of false litigation arising from “trap loans” by Li Weijun and other persons | | 检例第87号：李卫俊等“套路贷”虚假诉讼案 |
| (Guiding Case No. 87 of the Supreme People's Procuratorate) | | 检例第87号 |
| [Keywords] | | 【关键词】 |
| False litigation; trap loan; collaboration between criminal prosecution and civil litigation; supervision over similar cases; financial regulation | | 虚假诉讼 套路贷 刑民检察协同 类案监督 金融监管 |
| [Key Points] | | 【要旨】 |
| When handling a case involving “trap loan,” the procuratorial organ should identify whether there are circumstances where illegal profits are sought through false litigation activities. It should carry out supervision over civil judgments, rulings, and mediation agreements involved in false litigation according to the law. For illegal financial activities and regulation loopholes identified in the case-handling, the procuratorial organ should urge legal regulation and timely plug-up of regulatory loopholes by raising procuratorial proposals and other means. | | 检察机关办理涉及“套路贷”案件时，应当查清是否存在通过虚假诉讼行为实现非法利益的情形。对虚假诉讼中涉及的民事判决、裁定、调解协议书等，应当依法开展监督。针对办案中发现的非法金融活动和监管漏洞，应当运用检察建议等方式，促进依法整治并及时堵塞行业监管漏洞。 |
| [Basic Facts] | | 【基本案情】 |
| Defendant, Li Weijun, male, born in October 1979, jobless. | | 被告人李卫俊。 |
| From October 2015, with Huifeng Financial Petty Loan Company in Jintan District, Changzhou City, Jiangsu Province as the carrier, Li Weijun gathered Feng Xiaotao, Wang Yan, Lu Yunbo, Ding Zhong, and several other social idlers to practice usury and gradually formed a criminal gang with Li Weijun as the ringleader. This gang has made the borrowers falsely issue IOUs whose amounts were far higher than the principals and sign false house leasing contracts for a long time by means of cheating and luring by promises of gains, required the borrowers to provide guarantees and guarantors, and fabricated facts of false payment. Afterwards, it demanded high interest rates from the borrowers, guarantors, and their family members by such “soft violent” means as making unwanted calls, verbal threats, and blocking or change of locks or made them falsely issue IOUs in the name of charging interest. When the borrowers were unable to pay, it filed civil lawsuits with the people's court upon strength of the false IOUs and house leasing contracts and cheated the people's court into entering civil judgments or presiding over the signing of mediation agreements. By filing an application with the people's court for enforcement, Li Weijun and other persons forced the borrowers, guarantors, and their family members to repay debts, causing criminal detention of five persons and restriction of high consumption of 26 persons, incorporation of 21 persons into the list of dishonest persons subject to enforcement, and seizure of six flats and seven vehicles in the name of eleven victims. | | 2015年10月以来，李卫俊以其开设的江苏省常州市金坛区汇丰金融小额贷款公司为载体，纠集冯小陶、王岩、陆云波、丁众等多名社会闲散人员，实施高利放贷活动，逐步形成以李卫俊为首要分子的恶势力犯罪集团。该集团长期以欺骗、利诱等手段，让借款人虚写远高于本金的借条、签订虚假房屋租赁合同等，并要求借款人提供抵押物、担保人，制造虚假给付事实。随后，采用电话骚扰、言语恐吓、堵锁换锁等“软暴力”手段，向借款人、担保人及其家人索要高额利息，或者以收取利息为名让其虚写借条。在借款人无法给付时，又以虚假的借条、租赁合同等向法院提起民事诉讼，欺骗法院作出民事判决或者主持签订调解协议。李卫俊等并通过申请法院强制执行，逼迫借款人、担保人及其家人偿还债务，造成5人被司法拘留，26人被限制高消费，21人被纳入失信被执行人名单，11名被害人名下房产6处、车辆7辆被查封。 |
| [Performance of Duties by the Procuratorial Organ] | | 【检察机关履职过程】 |
| (1) Instituting a public prosecution and investigating criminal liability | | （一）提起公诉追究刑事责任 |
| In March 2018, victim Wu called the police and said that he borrowed a loan from the petty loan company opened by Li Weijun and other persons and was cheated. The public security organ put the case on file for investigation on the ground that Li Weijun and other persons were suspected of committing a crime of fraud. After the conclusion of investigation, on August 20, 2018, the public security organ transferred the case to the People's Procuratorate of Jintan District, Changzhou City, Jiangsu Province for examination and prosecution on the ground that Li Weijun and other persons were suspected of committing a crime of fraud. Upon examination, the People's Procuratorate of Jintan District found that Li Weijun and other persons had engaged in professional lending activities for a long time, such activities had typical characteristics of “trap loans,” and they were suspected of committing a gang-related crime. The procurators handling the case immediately took information on civil lawsuits filed by Li Weijun and other persons and discovered that during the period from 2015 to 2018, Li Weijun and other persons filed hundreds of civil lawsuits and most of them were about disputes over private lending. In addition, the IOUs were standard contracts and a majority of such cases were tried by the people's court by rendering default judgments against the defendants. Upon preliminary judgment, the People's Procuratorate of Jintan District held that the criminal gang fell under circumstances of implementingcriminal activities related to “trap loan” by filing false litigation. The procuratorial organ thus returned the case to the public security organ for supplementary investigation. Upon supplementary investigation, the public security organ ascertained the facts of crime involving “trap loan.” On December 13, 2018, the public security organ transferred the case to the procuratorial organ for examination and prosecution on the ground that Li Weijun and other persons were suspected of committing the crime of fraud, the crime of racketeering, the crime of false litigation, and the crime of picking quarrels and provoking troubles. | | 2018年3月，被害人吴某向公安机关报警，称其在李卫俊等人开办的小额贷款公司借款被骗。公安机关对李卫俊等人以涉嫌诈骗罪立案侦查。经侦查终结，2018年8月20日，公安机关以李卫俊等涉嫌诈骗罪移送江苏省常州市金坛区人民检察院审查起诉。金坛区人民检察院审查发现，李卫俊等人长期从事职业放贷活动，具有“套路贷”典型特征，有涉嫌黑恶犯罪嫌疑。办案检察官随即向人民法院调取李卫俊等人提起的民事诉讼情况，发现2015年至2018年间，李卫俊等人提起民事诉讼上百起，多为民间借贷纠纷，且借条均为格式合同，多数案件被人民法院缺席判决。经初步判断，金坛区人民检察院认为该犯罪集团存在通过虚假诉讼的方式实施“套路贷”犯罪活动的情形。检察机关遂将案件退回公安机关补充侦查。经公安机关补充侦查，查清“套路贷”犯罪事实后，2018年12月13日，公安机关以李卫俊等涉嫌诈骗罪、敲诈勒索罪、虚假诉讼罪、寻衅滋事罪再次移送审查起诉。 |
| On January 25, 2019, the People's Procuratorate of Jintan District instituted a public prosecution against the criminal part of the case and during the period from January to October 2019, the People's Court of Jintan District held court sessions four times. After ascertaining the facts of crime committed by Li Weijun and other persons upon trial, the People's Court of Jintan District determined that they were a criminal gang according to the law. On November 1, 2019, the People's Court of Jintan District sentenced Li Weijun to imprisonment of twelve years, with a fine of CNY280,000; and other defendants to imprisonment ranging from eight years to three years and six months, with a fine, for the crime of fraud, the crime of racketeering, the crime of false litigation, and the crime of picking quarrels and provoking troubles. | | 2019年1月25日，金坛区人民检察院对本案刑事部分提起公诉，金坛区人民法院于2019年1月至10月四次开庭审理。经审理查明李卫俊等人犯罪事实后，金坛区人民法院依法认定其为恶势力犯罪集团。2019年11月1日，金坛区人民法院以诈骗罪、敲诈勒索罪、虚假诉讼罪、寻衅滋事罪判处李卫俊有期徒刑十二年，并处罚金人民币二十八万元；其余被告人分别被判处有期徒刑八年至三年六个月不等，并处罚金。 |
| (2) Carrying out civil supervision over false litigation cases | | （二）开展虚假诉讼案件民事监督 |
| For false litigation that may exist in “trap loan” activities of Li Weijun and other persons identified in the examination and prosecution, while effectively conducting examination and prosecution and investigating criminal liabilities, the People's Procuratorate of Jintan District, Changzhou City initiated the civil litigation supervision procedure according to its authority and mainly carried out the following investigation and verification work: First, it conducted a survey and screening of civil lawsuits filed by Li Weijun and other persons and found that Li Weijun and other persons filed 113 civil lawsuits of disputes over private lending, house leasing, and sales contracts to the local people's court and applied for civil enforcement of judgments of 80 cases, with the amount of money involved of over CNY4 million. Second, it conducted investigation and verification with the relevant civil litigants and found that the facts of lending in the relevant private lending cases were unclear, the amount of money was artificially high, and the parties were forced to make repayment since Li Weijun and other persons pressed for payment of debts by “soft violence.” Third, it verified the main evidence in the civil judgments and found that the relevant civil judgments, rulings, and mediation agreements actually had no legal evidence. Fourth, it verified whether there were great financial risks and hidden dangers in cases and found that petty loan companies including the one in this case and commercial trading companies had such problems as business operation without qualification and group lending, and there were great risks and hidden dangers due to absence of financial regulation. | | 针对审查起诉中发现的李卫俊等人套路贷中可能存在虚假诉讼问题，常州市金坛区人民检察院在做好审查起诉追究刑事责任的同时，依职权启动民事诉讼监督程序，并重点开展了以下调查核实工作：一是对李卫俊等人提起民事诉讼的案件进行摸底排查，查明李卫俊等人共向当地法院提起民间借贷、房屋租赁、买卖合同纠纷等民事诉讼113件，申请民事执行案件80件，涉案金额共计400余万元。二是向相关民事诉讼当事人进行调查核实，查明相关民间借贷案件借贷事实不清，金额虚高，当事人因李卫俊等实施“软暴力”催债，被迫还款。三是对民事判决中的主要证据进行核实，查明作出相关民事判决、裁定、调解确无合法证据。四是对案件是否存在重大金融风险隐患进行核实，查明包括本案在内的小额贷款公司、商贸公司均存在无资质经营、团伙性放贷等问题，金融监管缺位，存在重大风险隐患。 |
| ．．．．．． | | ．．．．．． |
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