1. The victim Chai stated that we met through Yang. 20 14 12.26 Yang came to me and said that his friend wanted to borrow 90,000 yuan, and I asked for collateral as a guarantee. Yang said there was a Volkswagen Tiguan. Let me see if it's ok. In the evening, we met in front of Jiangnan Hanlin Academy to see the car. 20 15 12 3 1 We signed a loan and car mortgage agreement in a pedicure shop near the flower and bird and fish market in Changyi District, Jilin City. After that, I went to Gate 5 of Wuming Road, a shopping mall in the Middle East, and gave the money to Xia Lei. I directly deducted the interest of 7200 for two months. 2065438+June 6, 2005, 65438+2065438, borrowed from me through Yang as an intermediary 105000 yuan, and used a white Honda car as collateral in KFC, a shopping mall in the Middle East. I directly deducted the interest of 10.5 million. The third time, Xia Lei contacted me directly and mortgaged me 50,000 yuan with a Pentium X80 car near the east exit of Jilin Railway Station, of which 20,000 yuan was returned to me as the principal, and I also deducted 4,000 yuan of interest. 20 15 February 14, all three cars were lost. Later, I learned that all three cars were taken away by the car dealership, so I went to the car dealership, and the car dealership showed me the rental procedures of these three cars, and the owners also showed me big photos. Xia Lei borrowed money from my mortgage car.
In addition, when I borrowed 50,000 yuan for the third time, I directly deducted the principal of 20,000 yuan borrowed before and deducted the interest of 4,000 yuan.
2065438+At the beginning of February 2005, Xia Lei gave me 20,000 cash, which is also the principal, and Li Zhongbin was present.
2. The Detailed Account History List of China Industrial and Commercial Bank confirmed that 65,438+00,000 yuan and 5,000 yuan were deposited into Chai's account in China Industrial and Commercial Bank on March 26th, 1965. RMB 8,000.00 Yuan was deposited in April 15.
The court believes that the defendant Xia Lei defrauded others of property for the purpose of illegal possession, and the amount was huge, which constituted the crime of fraud, and the public prosecution agency prosecuted for this crime. Defendant Xia Lei confessed his criminal facts truthfully after he arrived at the case, and he can be given a lighter punishment. Defendant Xia Lei argued that the part repaid before the crime should be deducted from the amount of fraud. After investigation, part of the amount was 72,000 yuan, which was returned in various names before the incident. Therefore, it should not be regarded as the intention of subjective possession, but should be deducted from the amount of crime. Depending on the specific circumstances of the case, according to the provisions of Article 266, Article 52, Article 53, Article 64 and Paragraph 3 of Article 67 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
Defendant Xia Lei was convicted of fraud, sentenced to four years' imprisonment and fined 50,000 yuan.