1. The actions of the criminal suspect and the defendant as a whole are for the purpose of illegal possession, using fictional facts and concealing the truth to defraud the victim's property, and making illegal contracts or oral agreements: inflated loan contracts, yin-yang loan contracts, real estate mortgage contracts, etc.
2. Using fraudulent means of fabricating facts and concealing the truth, and using violence, threats, false litigation and other means, which also constitute crimes such as fraud, robbery, extortion, illegal detention and false litigation; Violent means include but are not limited to so-called "consultation", "mediation", "consultation", "mediation". Negotiating "mediation" and harassing, pestering, cajoling, gathering people to make trouble and other "soft violence" means that make victims feel psychological fear or psychological coercion.
3. If the other party helps an illegal lending institution to intentionally injure, illegally detain or disturb the normal life of the victim and his close relatives, or helps to fabricate the facts of a civil lawsuit, it meets the constitutive requirements of the crime of intentional injury, the crime of illegal detention, the crime of stirring up trouble, the crime of illegally invading another person's house and the crime of false litigation, and criminal responsibility can be investigated.
4. usury with a middle-aged interest rate of over 36% is not protected by law, which is different from borrowing. In addition to the principal actually received by the victim, the inflated principal and the interest rate agreed by both parties, there are also fees charged by the defendant in the name of the defendant in the process of borrowing, such as "penalty", "deposit", "agency fee", "agency fee" and "service fee".
Extended information:
The basic characteristics of the crime of "routine loan":
First, it creates the illusion of private lending. The defendant solicited business in the name of "small loan company", signed a loan contract with the victim, created the illusion of private lending, and tricked the victim into signing "inflated loan contract", "yin-yang contract" and real estate mortgage contract in various names such as "liquidated damages" and "deposit", which were obviously unfavorable to the victim.
the second is to create traces of running water in the bank, deliberately creating the illusion that the victim has obtained all the money borrowed from the contract.
Third, the victim is arbitrarily determined to be in breach of contract unilaterally, and the victim is required to repay the inflated loan immediately.
the fourth is to maliciously exaggerate the loan amount. When the victim was unable to repay, the defendant introduced other fake "small loan companies" or individuals, or "played" other companies to sign a new "inflated loan contract" with the victim to "balance" and further inflated the loan amount.
The fifth is "debt collection" with both hard and soft methods, or false litigation, which aims to occupy the property of the victim or his close relatives through winning the judgment.
References:
Baidu Encyclopedia