Vehicles involved
In order to obtain high profits, a fraud gang set up a "car purchase down payment" scam, fraudulently used other people's identities to buy high-end cars by stages, defrauded 6 luxury cars from 4S 3 stores within three months, and then sold them to second-hand car dealers at low prices, involving more than 2 million yuan.
Recently, a public prosecution was initiated by the Huaiyin District Procuratorate of Huai 'an City, Jiangsu Province. The court sentenced Wu Peng, Zhu Zhiqiang, Lu Youcai and Li Xiaowu to fixed-term imprisonment ranging from five years and ten months to one year and six months respectively for the crime of loan fraud, and fined them ranging from 20,000 yuan to 80,000 yuan. Hong Jiangang and Peng Zhiming were sentenced to two years and six months' imprisonment and one year and six months' imprisonment respectively for money laundering, and fined RMB 20,000 and RMB 10,000 respectively. After the judgment of the first instance, Lu Youcai thought that he was only helping "white households" to apply for loans, and his behavior was not fraud, so he filed an appeal. On March 2, 2023, the court of second instance rejected the appeal and upheld the original judgment. At this point, an illegal interest chain hidden behind the "car down payment" was completely cut off.
It's easy to echo
The gang planned a car loan fraud case.
Wu Peng, who is engaged in automobile trade business in Lianyungang, spends a lot of money on weekdays, likes to go in and out of nightclubs, bars and other entertainment places, and often makes ends meet. In order to satisfy luxury consumption, he came up with the idea of using car fraud.
Wu Peng found Zhu Zhiqiang, a good friend who works as a local loan intermediary, and shared his car fraud plan with him. The two hit it off, but neither of them wanted to borrow money to buy a car in their own name, so they told the loan agent Lu Youcai about the idea of car fraud. After hearing this, Liu Youcai readily agreed to join. In order to prevent acquaintances from seeing through the crime at home, the three discussed the implementation of a car fraud plan in Huai' an, a neighboring area.
The three men quickly clarified their respective division of labor: Lu Youcai was responsible for finding "white households" with loan needs (referring to people with blank credit information and poor assets) and transporting them to and from Huai' an and Lianyungang; Wu Peng is responsible for packaging "white households", forging materials needed for buying and selling vehicles, and taking "white households" to 4S shops to buy car loans; Zhu Zhiqiang is responsible for cooperation with Wu Peng, and * * * pays the car down payment and insurance.
In order to find a suitable "lender" as soon as possible, Lu Youcai distributed loan advertisements through WeChat, QQ and posting small advertisements. Look for "white households" who urgently need money and loans. Soon, a fish was hooked.
Division of labor
Using "white households" to defraud luxury cars
The "five-guarantee households" wanted to borrow money to buy a cow and contacted the loan agent Lu Youcai through WeChat.
"I can help you with the loan, but you have to go to Huaian with me first. Loans there are easy to approve. We have to buy you a car first. You can get a loan if you have a car. " Lu Youcai told Shi that if you want to get a loan, you must fully cooperate with them. "Be sure to dress formally and look like a boss. Remember to talk less when you arrive at the 4S shop. "
A few days later, Lu Youcai drove with stones to Huai 'an to meet Wu Peng and Zhu Zhiqiang. Wu Peng and Zhu Zhiqiang looked at the stone with satisfaction. He is dressed in a formal suit and looks like a boss. They immediately took him to the bank card and mobile phone card, and transferred the down payment required for car purchase to the bank card in advance. Then they went to the Audi 4S shop together and chose an Audi A6L (the car price was 348,000). Shi signed a car purchase agreement with the store, and Wu Peng paid the down payment of 6,543,800 yuan with the prepared bank card. The sales staff immediately contacted the auto financing company to help them handle the car loan procedures.
"Take some time to remember the contents of this note, so that you can get a loan." After leaving the store, Wu Peng Sai handed Shimou a piece of paper with information such as work unit and address, and asked Shimou to sign the consignment agreement for vehicles and other materials and take photos on the spot. Later, they took the stone to the bank and met the staff in charge of the loan business. Shi successfully answered the staff's questions according to the contents of the note, and then handed over the loan materials forged by Wu Peng online in advance to the bank staff. Soon, the loan review passed smoothly. In the name of Wu Peng Shriver, he went to the store of 4S and took the car.
Cross-market transaction
Sell at a low price for profit.
According to the loan agreement, the 4S shop should complete the vehicle mortgage within 10 working days. However, every time the salesperson in the store contacted Wu Peng, Wu Peng shirked it on the grounds of something, which made it impossible to handle the vehicle mortgage procedures.
After picking up the car, Wu Peng and others got a fake vehicle certificate from the Internet and drove the car to Lianyungang. In August 2020, Wu Peng sold the car to Hong Jiangang, who was engaged in second-hand car trading, for 300,000 yuan.
Hong Jiangang felt suspicious after seeing this brand-new "second-hand" luxury car. Under normal circumstances, the vehicle must have a certificate, an invoice, compulsory insurance and two car keys, but the car in front of him has no license plate, no invoice and only one key. Hong Jiangang had doubts about the driving route of the vehicle, but he bought this Audi for profit.
"I didn't expect the first shot to be a great success." Wu Peng and others who have tasted the sweetness are out of control. In the following three months, they used the identities of Han, Cheng, Qu and Gu to defraud a Volvo S90, a Volvo XC60, an Audi A6L and three Audi Q5L by the same means, and then sold them to Hong Jiangang and Peng.
Because Wu Peng was worried that picking up the car from the same Audi 4S store twice in a row would arouse suspicion, he contacted Li Xiaowu, a fellow villager, and Li Xiaowu took the car from the store once instead of Wu Peng in the name of "White Tiger" son, and at the same time helped to advance the expenses. After deducting the down payment and other advance expenses, Zhu Zhiqiang distributes the remaining money from car sales. By the time of the crime, the illegal income of the four people had been squandered.
Dong Chuang Shi fa
Fraud gangs show their true colors.
On June 5th, 20021,Huaiyin District Procuratorate prosecuted Wu Peng, Zhu Zhiqiang, Lu Youcai and Li Xiaowu for loan fraud. In the same year165438+1October 12 Huaiyin District Procuratorate accused Hong Jiangang of money laundering, and165438+1October 18 additionally accused Peng of money laundering.
According to the prosecutor, this is a criminal gang that collects money by "buying a car-defrauding a loan-selling a car-dividing the stolen goods". Since August 2020, Wu Peng and Zhu Zhiqiang have used five "white households" to defraud loans totaling 1.33 million yuan. Lu you
Only four "white households" were contacted to Huai 'an, participated in five times of fraudulent loans, and defrauded loans totaling 1 104000 yuan. Li Xiaowu helped lift the car as one of the sons of "Bai Hu", participated in a loan fraud, and defrauded loans totaling 226,000 yuan.
Hong Jiangang successively bought Audi A6L, Volvo S90, Volvo XC60, Audi Q5L and other vehicles from Wu Peng for resale, which was suspected of money laundering, amounting to 657,700 yuan, with an illegal profit of about 6,543,800 yuan. However, Peng introduced others to buy a car from Wu Peng, knowing that the car was illegally obtained, and still handled fake invoices online, which enabled Wu Peng and others to get the car through loan fraud to trade normally in the vehicle management office, and assisted Wu Peng and others to transfer the proceeds of crime, making personal profits 1200 yuan.
As for the five "white households" in this case, subjectively, they knew that there was insufficient evidence for criminals to commit loan fraud, and objectively, they did not commit specific criminal acts such as reselling vehicles and distributing stolen goods after defrauding loans. Therefore, they were not investigated for legal responsibility. 202 1 12 15, the court made a first-instance judgment on this case.
(The characters involved in the article are all pseudonyms)
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