The so-called resettlement house is the compensation for the demolished people in the form of housing. Basically, every building will have a certain amount of relocated houses. Because the relocated house has the nature of compensation and enjoys the preferential policies of the state, it does not include land transfer fees, and the price is relatively low. Zhou Long (pseudonym), who used to work in a demolition company, used the idea that people wanted to buy relocated houses at low prices to cheat money.
2065438+In March 2009, the Beijing Higher People's Court made a final ruling, rejected the appellant Zhou Long's appeal and upheld the original judgment. Zhou Long was sentenced to 12 years' imprisonment, deprived of political rights for two years and fined 200,000 yuan for committing fraud. Zhou Long was ordered to make restitution of the proceeds of the crime and return them to the victims. The above amount will be deducted after the price of a property that has been sealed up. The former excellent employee of the company was finally punished by law because of the "hard work" of defrauding others of money.
Make up facts, kill people and cheat money.
Chen Le (pseudonym) thought it over and over again, and finally dialed 9 1 1. She never imagined that Zhou Long, a colleague with an honest appearance, would be suspected of fraud, and she also set herself as the target, and she cheated for more than ten years.
It was the summer of 2006, and Chen Le asked Zhou Long for help to buy a set of affordable housing. In her eyes, Zhou Long is a helpful and trustworthy person. Previously, he helped his second brother to successfully purchase the relocated house and helped his mother-in-law negotiate the purchase of the relocated house. Although no agreement could be reached this time because the relocated households went back on their word, Zhou Long returned all the advance payment to herself, which deepened her trust in Zhou Long. After hearing about the housing demand, Zhou Long confidently told her that he knew a relocated household and wanted to buy a house now. He could help to buy a two-bedroom auction house with an area of 90 square meters in Area A, but time was pressing, so he needed to transfer all the purchase money immediately. With the experience of buying houses twice before and the fact that they have been colleagues for many years, Chen Le quickly credited 446,800 yuan to Zhou Long account after signing an agreement with Zhou Long.
Time flies, five years have passed in an instant. Knowing that the house promised by Zhou Long had been built, Chen Le was glad to find Zhou Long, but was told that the relocated households had gone back on their word. Chen Le was disappointed, but Zhou Long told her not to lose heart. She helped to contact a relocated household in Area B, but when she contacted Zhou Long again, she got the news that the relocated household had gone back on its word. After two consecutive failures, Chen Le came up with the idea of getting back the advance payment, but Zhou Long advised her to wait, and there would be good news.
A few years later, it was 20 15 in a blink of an eye. At this time, it has been nearly ten years since Chen Le first paid the purchase price. Ten years, Beijing's housing prices have undergone earth-shaking changes, and Chen Le is a little anxious. In order to appease her mood, Zhou Long told her that she has a relocated house in Area C. Although this house is not in her name, it is actually her own house. When she moves in, Chen Le can be arranged to meet the relocated people. However, when all the owners moved into Chenle, they didn't see the relocated households mentioned by Zhou Long. At the end of 20 16, Chen Le once again asked Zhou Long to deliver the property. This time, Zhou Long proposed an increase of 200,000. Chen Le didn't have that much money at that time and only transferred 80,000 yuan, but Zhou Long, who received the money, was still unwilling to deliver the property.
20 17, I heard that Zhou Long was arrested on suspicion of fraud, and Chen Lecai woke up from a rude awakening. What she doesn't know is that not only the relocated households that Zhou Long promised to help contact in 2006 don't exist, but even the last-mentioned relocated households in Area C are not their own houses. Relevant evidence proves that it is Wang (pseudonym) who enjoys the compensation right for house demolition here, but Zhou Long does not. Moreover, the demolition here is only monetary compensation, and there is no relocation house, so it is impossible to realize Zhou Long's promise to Chen Le to relocate the house. Although Zhou Long argued in court that the house was built jointly with Wang's daughter, so she could get compensation for demolition, it turned out that the replacement cost of the house was only over 280,000 yuan, and even if Zhou Long could get the money, it was far from enough to compensate for the loss.
The prophet sold the house in advance.
Similar to Chen Le, Zhang Hang (a pseudonym) also wants to buy a low-priced house. In the second year of setting a trap in Chen Le, Zhang Hang was also caught. This time, in order to cheat each other's money, Zhou Long gave himself the "super power" of the prophet.
At the beginning of 2007, Zhang Xing met Zhou Long, who has rich experience in buying houses, through friends. Zhou Long claimed that he had a relocated house to sell. In August of that year, Zhang Xing signed a house transfer agreement with Zhou Long in a friend's office and gave Zhou Long 300,000 yuan in cash on the spot. Zhou Long promised to sell his house in Zone D at a price of 5600 yuan per square meter. At that time, the house was under construction, and Zhang Hang thought it would be closed in a year or two. However, when he called Zhou Long after the house was built in 2009, he was told that the house was not his own and the real owner was unwilling to sell it.
Zhang Hang suddenly felt cheated, but at this time Zhou Long told him in an extremely sincere tone that he could resell another house in Area E, but in 20 12, Zhou Long told him that the house in Area E was gone, and in the second half of 20 14, he had a house with a square meter of 100 in Area F to be demolished, so he had to divide it. With the experience of the first two times, this time, Zhang Hang did not dare to neglect. He regularly contacted Zhou Long to inquire about the real estate situation, but Zhou Long always prevaricated for various reasons, even avoiding Zhang Hang's urging by changing his mobile phone number frequently.
So, does Zhou Long really have a house of 100 square meter in Area F to be demolished? According to the later investigation results, Zhou Long said that the owner of the real estate in Area F is really himself, but the house is a public house with an area of only about 4 1 square meter. According to the staff in charge of demolition in this lot, the demolition began in April 20 17, and no specific compensation matters were discussed with the householder before. Generally speaking, the process of demolition is posting announcements, household surveys and demolition. It is usually the last step of demolition, and the demolition people know that they can get several sets of relocated houses. In other words, only after April 2065438+2007 can Zhou Long know how many houses he can get after his house is demolished. In addition, the compensation scheme of this house is only a 98-square-meter three-bedroom apartment, or two zero-bedroom apartments or a one-bedroom apartment plus one zero-bedroom apartment, and the house belongs to Zhou Long and his wife and daughter, so he has no right to dispose of the demolition income of this house independently.
Spend other people's money to buy your own house.
In addition to Chen Le and Zhang Hang, from 2006 to 2065438+February 2007, Zhou Long defrauded 10 people on the grounds of helping to buy relocated houses, amounting to more than 7 million yuan. The biggest loss was Xiao Li (a pseudonym), who was cheated of 2.9 million yuan.
20 15 Xiao Li, who is going to buy a wedding room for her son, met Zhou Long through acquaintances. After hearing about Xiao Li's demand, Zhou Long suggested that he buy a relocated house in G District in his own name. Zhou Long introduced to Xiao Li that the specific house number of the house cannot be determined because it has not been demolished, and because it is a relocated house, it takes two years to handle the transfer, so it is impossible to sign a house sale agreement with him at present, and only a house mortgage transfer agreement can be issued.
Xiao Li also knew the particularity of the relocated house before. After several conversations, Xiao Li signed a mortgage transfer agreement with Zhou Long, agreeing to buy a private property relocation house under the name of Zhou Long with 2.8 million yuan. Because of the huge amount involved, Xiao Li asked to see the house and related procedures, but Zhou Long couldn't provide it at the moment, so Xiao Li didn't give Zhou Long money at that time.
Xiao Li thought things would come to an end here, but who thought that at the end of that year, Zhou Long took the initiative to find him. Zhou Long told Xiao Li that he had a girlfriend and was going to get married the next year. He hopes to call himself to ask for the purchase price first, so that he can buy a wedding room in Dalian, and has repeatedly promised that the relocated house can be delivered as agreed in May 2065438+2006. In order to prove that what he said is true, Zhou Long also took Xiao Li to see the specific location of the relocation area.
Zhou Long's words made Xiao Li, who worked day and night for his son's marriage, feel the same way. He no longer doubts. At the beginning of 20 16, he transferred 2.8 million yuan to Zhou Long in three installments. Later, Zhou Long asked Dalian to pay another 654.38+million yuan on the grounds that he needed the final payment, and promised to give Xiaoli 4.3 square meters of real estate in the future. This time, Xiaoli agreed.
When Zhou Long promised to hand over the house, Xiao Li asked Zhou Long for a house, but at this time, Zhou Long changed his face and refused to hand over the house on schedule for various reasons. Until the year of 10, Zhou Long knew that he could no longer hide it, but told Shirley that the house belonged to him and his ex-wife and he had no right to dispose of it. After that, Zhou Long never answered Shirley's phone.
"Excellent employees" can't escape the French Open.
The French open is long and sparse, but it does not leak. Zhou Long, who had been derailed for many years, finally fell down. 20 17 On May 26th, Zhou Long was detained on suspicion of fraud, and was arrested on June 30th of the same year on suspicion of contract fraud.
After trial, the court of first instance found Zhou Long guilty of fraud, sentenced to 12 years' imprisonment, deprived of political rights for two years, and fined 200,000 yuan. Zhou Long was ordered to make restitution of the proceeds of the crime and return them to the victims. The above amount will be deducted after the price of a set of property that has been sealed up. Zhou Long refused to accept the verdict and appealed.
During the second trial of this case, Beijing Legal Aid Center entrusted Wang Xiaoshi, a lawyer from Beijing Zhao Zhong Law Firm, to defend Zhou Long.
After reading it carefully, Mr. Wang went to the detention center to meet Zhou Long. In his fifties, his hair is all white, and his regrets are beyond words. Zhou Long told Mr. Wang that he regretted what he had done before, but it was no use regretting what had happened.
Lawyer Wang Xiaoshi patiently listened to Zhou Long's opinions and wrote a defense opinion for Zhou Long in combination with the marking situation. However, what has happened cannot be redeemed after all, and even if Zhou Long later realized his mistake, it would be difficult to make up for his previous sins. The court of second instance finally ruled that Zhou Long's appeal was rejected and the original judgment was upheld.
Among the evidence materials confirmed by the court, there is quietly an examination registration form that reads "Zhou Long, demolition worker, assessment grade: excellent". This former excellent employee may never have thought that he would go to jail for crimes before. The temptation of interest is like a huge snowball, which makes him drift away from his former glory. ...
Lawyer's review
Lawyer Wang Xiaoshi.
In this case, Zhou Long once worked for a demolition company and helped a friend to successfully buy a relocated house many years ago. Later, driven by interests, Zhou Long fabricated the fact that he could buy a resettlement house and defrauded others of the down payment. According to Article 266 of the Criminal Law of People's Republic of China (PRC), the crime of fraud refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property. In this case, Zhou Long's behavior has constituted the crime of fraud.
Nowadays, house prices are rising. For ordinary people, relocated houses have great advantages over newly-built commercial houses in terms of price and geographical location. However, it usually takes several years to deliver the relocated houses. When buyers find themselves cheated, it is often too late, causing irreparable economic losses.
The sale of resettlement houses is not only regulated by laws and regulations, but also restricted by the relevant policies of local governments and specific demolition projects. Buying a relocated house is more uncertain and risky than ordinary commercial housing, which requires a deep understanding of the project situation and laws and regulations. Therefore, it is not recommended for ordinary consumers to buy relocated houses.
For buyers who have the corresponding conditions and really need to buy relocated houses, it is recommended to pay attention to the following matters when buying relocated houses:
First, before purchasing resettlement houses, the relevant departments should verify the specific conditions and procedures of the relocated houses to be purchased, and whether non-relocated households can purchase them.
Second, the purchaser should verify the authenticity of the housing information and the resettlement agreement, and at the same time find out whether there are other real rights such as mortgage rights in the relocated resettlement houses. The above contents can be consulted and confirmed by the local demolition office and relevant departments.
Third, we should pay attention to verifying the ownership of houses. If the house is owned by more than one person, we need to get the consent of others before buying it, and ask people to sign the house sales contract.
4. In order to prevent its own financial risks, after the signing of the contract, before the house to be demolished obtains the real estate registration certificate, it can pay the seller the down payment of the sales contract (not exceeding 20% of the contract price), and then pay the remaining amount to the seller after the transfer.