1. On the whole, the criminal suspects and defendants' behaviors belong to fraudulent acts of fabricating facts and concealing the truth to defraud the victim's property for the purpose of illegal possession, and they have concluded illegal contracts or verbal agreements: inflated loan contracts, yin-yang loan contracts and real estate mortgage contracts.
2. Fraud by fabricating facts, concealing the truth, violence, threats, false litigation and other means constitutes fraud, robbery, extortion, illegal detention, false litigation and other crimes; Violent means include but are not limited to harassment, pestering, making noise, gathering people to create momentum and other so-called "negotiation", "consultation" and "soft violence", which makes the victim feel psychological fear or psychological coercion.
3. If the other party helps an illegal lending institution to intentionally injure, illegally detain, disturb the normal life of the victim and his close relatives, or helps to fabricate facts to file a civil lawsuit, which meets the constitutive requirements of intentional injury, illegal detention, provocation, illegal intrusion into another person's house and false litigation crime, criminal responsibility can be investigated.
4. The usurer whose middle-aged interest rate exceeds 36% is not protected by law, but the conventional loan is different. In addition to the principal actually received by the victim, the inflated principal in the process of borrowing, the interest agreed by both parties and the fees charged by the defendant in the name of "liquidated damages", "security deposit", "agency fees" and "service fees" shall be recognized as the amount of crime.
Extended data:
The basic characteristics of the crime of "routine loan";
The first is to create the illusion of private lending. The defendant solicited business in the name of a small loan company, signed a loan contract with the victim, created the illusion of private lending, and defrauded the victim to sign a "false loan contract", "yin-yang contract" and a real estate mortgage contract in various names such as "liquidated damages" and "deposit", which was obviously unfavorable to the victim.
The second is to create traces of running water in the bank and deliberately create the illusion that the victim has obtained all the money borrowed from the contract.
The third is to unilaterally and arbitrarily determine that the victim has breached the contract and demand that the victim immediately repay the inflated loan.
The fourth is to maliciously raise the loan amount. When the victim is unable to pay, the defendant introduces other fake "small loan companies" or individuals, or "plays" other companies to sign new "false loan contracts" with the victim, so as to "balance the accounts" and further increase the loan amount.
Fifthly, to "collect debts" with both hard and soft methods, or to file a lawsuit against false litigation, so as to seize the property of the victim or his close relatives through a successful judgment.
References:
Routine loan Baidu encyclopedia