is involved in false litigation. Two lawyers born in the 1980s were sentenced to revoke their certificates. They were from a law firm,
1. Anhui Wenzhou Law Firm’s lawyer Wu Yongchao was revoked his lawyer’s professional certificate
On December 18, 2019, the Anhui Provincial Department of Justice made an administrative penalty decision, giving Anhui Wenzhou Law Firm an administrative penalty for revoking his lawyer’s professional certificate (Anhui Wenzhou Law Firm’s Law Firm’s lawyer Wu Yongchao was revoked (Anhui Department Punishment Decision [2019] No. 5). Previously, on May 15, 2019, the Intermediate Court of Bozhou City, Anhui Province sentenced Wu Yongchao to three years in prison and a fine of RMB 55,000 for participating in a gang-related organization and fraud; the illegal gains were recovered and handed over to the state treasury.
According to the ID number and practice certificate number, Wu Yongchao, born in September 1981, began practicing in 2009.
First instance court determined that
(I) participated in a gang-like organization facts
In June 2015, headed by Wu Mou 1 and Wu Mou 2 (both handled separately), relying on Lixin County Zhongxin Guarantee Co., Ltd. (hereinafter referred to as Zhongxin Company), it absorbed multiple people to participate, and gradually developed a gang-like organization that illegally absorbed public deposits, issued usury to obtain huge illegal benefits, and supported by the economic benefits obtained, and organizedly carried out illegal and criminal activities. The organization involves a series of illegal and criminal activities such as provoking trouble, illegal detention, fraud, false litigation, and organizing prostitution.
Wu Yongchao knew that the organization illegally absorbed public deposits and then loaned high interest rates to the outside world, but still formulated and modified the loan contract for the organization, and made suggestions to allow the borrower to pay interest first when borrowing, and transfer it to an account other than the lender when repaying the principal and interest, etc. to obtain illegal economic benefits for the organization. At the same time, he was responsible for the relevant affairs of the organization's civil litigation, and engaged in false litigation criminal activities many times, which was a general participant of the organization.
(II) False litigation facts
Wu Mou 1 instructs organization members Li Mou 4 and others to prepare the materials required for prosecution and hand them over to Wu Yongchao. Wu Yongchao is responsible for making civil complaints and fabricating civil legal relations. Wu Yongchao or Li Mou 4 is involved in the litigation as litigation agents, suing Wang Xiaofeng, Guo Mou, Yan Xinjian, Sun Mou 1, Yang Mou 1, Zhao Hui, Gao Heping, Li Mingxing and others to pay loans and interest.
The second instance court found that
After investigation, it was found that on the one hand, seven of the false litigation facts identified in the original judgment, including seven of the false litigation facts that existed in the original judgment, did not belong to false litigation out of nothing, and should not be considered as false litigation; the remaining 100,000 yuan false IOU, Wu Yongchao did not know or should not know that the IOU was false in the lawsuit, and should not be a joint crime of false litigation. Therefore, Wu Yongchao's reasons for appeal in this section and the relevant defense opinions of the defense lawyer were adopted; on the other hand, Wu Yongchao did not know or should not know that the IOU was false in the lawsuit. Help the organization led by Wu Mou 1 and Wu Mou 2 in the name of private loans to induce or force the victim to sign relevant agreements such as "loan", "mortgage", and "guarantee", and form false claims and debts by inflating the amount of loans, concealing the return of interest, and destroying the evidence of repayment, and illegally occupying the victim's property through litigation or using violence, threats and other means. The act constitutes the crime of fraud. The amount of the crime is based on the first month interest that can be verified and the defendant's confession is mutually verified, and is determined in a low manner according to the principle of benefiting the defendant.
The second instance court ruled that
Wu Yongchao was sentenced to one year and six months in prison and a fine of RMB 15,000; he was sentenced to two years in prison and a fine of RMB 40,000; he was sentenced to three years in prison and a fine of RMB 55,000; he was sentenced to three years in prison and a fine of RMB 55,000.
2. Anhui Wenzhou Law Firm lawyer Wang Ge was revoked for his lawyer's practice certificate
On December 18, 2019, the Anhui Provincial Department of Justice made an administrative penalty decision, giving Anhui Wenzhou Law Firm lawyer Wang Ge was revoked for his lawyer's practice certificate (Anhui Department Punishment Decision [2019] No. 6). Previously, on December 25, 2018, the Lixin County Court of Bozhou City, Anhui Province sentenced Wang Ge to one year and six months in prison and a fine of RMB 15,000 for false litigation. Wang Ge was dissatisfied and appealed.On June 3, 2019, the Intermediate Court of Bozhou City, Anhui Province made a criminal ruling, rejecting the appeal and upholding the original verdict.
According to the ID number and the practice certificate number, Wang Ge, born in 1980, began practicing in 2011.
Court determined:
In March 2015, the defendant Wang Qiang saw the bidding announcement of the second phase of the cemetery of the "Four-in-One" construction project of Mengcheng County Martyrs Cemetery on the Internet, and contacted his friend Qian Xiaojian and asked Qian Xiaojian to help find a qualified company to participate in the bidding project of the project. Subsequently, Qian Xiaojian introduced to Wang Qiang to Henan Qianhe Environmental Industry Development Co., Ltd. (hereinafter referred to as "Qianhe Company"). Wang Qiang contacted Xu, the manager of Qianhe Company Hefei Branch (office), and Qianhe Company agreed to participate in the bidding and tendering of the project, cooperated with Wang Qiang, and verbally agreed that the bidding documents, qualifications and other materials required for bidding shall be provided by Qianhe Company, and the bidding deposit and the fees incurred during the bidding process shall be paid in advance by Wang Qiang. If the project wins the bid, Qianhe Company subcontracts the project to Wang Qiang and charges Wang Qiang a 2% management fee. Then, Wang Qiang raised a deposit of 3 million yuan (including 500,000 yuan borrowed from Yang Mou 2).
On March 17, 2015, Yang Mou2 transferred the deposit of 3 million yuan to Qianhe Company's account, and Qianhe Company transferred the money to Mengcheng County Bidding Center account. During the bidding process of the second phase of the cemetery of the "Four-in-One" construction project of the Martyrs Cemetery in Mengcheng County, the Mengcheng County Housing and Urban-Rural Development Commission discovered that Chen Yanpo, the construction engineer planned by Qianhe Company, participated in the bid opening with a forged first-class construction engineer registration certificate, which violated relevant regulations. On September 14, 2015, he issued a "Notice of Order to Stop the Illegal Act" to Qianhe Company, allowing the company to go to the Mengcheng County Housing and Urban-Rural Development Commission to accept punishment on September 16, 2015. The original deposit of 3 million yuan has not been refunded yet.
In order to get the deposit of 3 million yuan as soon as possible, Wang Qiang went to Hefei to find Qian Xiaojian. He and Qian Xiaojian went to Qianhe Company's Hefei office to find Xu from the office and asked Qianhe Company to send someone to Mengcheng to handle the refund of the deposit and related matters. Xu said he had no time to go to Mengcheng. On September 15, 2015, Xu issued a printed authorization letter to Wang Qiang. The authorization content was handled by the authorized agent for the refund of the deposit and handling related matters. The entrustment period was 7 days, and the seal of Qianhe Company was stamped with the authorized agent, but the name of the authorized agent was blank and was not filled in at the time. After Wang Qiang returned to Mengcheng with Qianhe Company's power of attorney, he found the defendant He Chuanhong and asked He Chuanhong to help sign the power of attorney, and copied He Chuanhong's ID card. Then he took He Chuanhong to the Mengcheng County Housing and Urban-Rural Development Committee with He Chuanhong. He Chuanhong handled the relevant matters in the name of Qianhe Company's agency.
The Mengcheng County Housing and Urban-Rural Development Commission issued an administrative penalty decision to fine Qianhe Company 303,058.06 yuan on September 29, 2015. Wang Qiang transferred 303,058.06 yuan to the Mengcheng County Non-Tax Administration Bureau through his Rural Commercial Bank account on October 20 of the same year and paid the fine. Houmengcheng County Bidding Center returned the 3 million yuan deposit to Qianhe Company’s account. Qianhe Company withdrew 400,000 yuan on October 26, 2015 on the grounds that the company was included in the "blacklist" by the Mengcheng County Housing and Urban-Rural Development Commission and had bad records, which caused the company to be unable to participate in bidding in other projects. On October 26, 2015, it withdrew 400,000 yuan in the deposit and returned only 2.6 million yuan to Yang Mou 2's account. Wang Qiang negotiated with Qian Xiaojian many times to refund the remaining deposit of 400,000 yuan and the fine of more than 300,000 yuan paid by Qian Xiaojian, but failed.
In November 2015, Wang Qiang and Yang Mou 2 went to the defendant Wang Ge's office to find Wang Ge's lawyer, and wanted to sue Qianhe Company for repatriation of the deducted deposit of 400,000 yuan and the fine of more than 300,000 yuan paid. Yang Mou 2 and Wang Qiang told Wang Ge about the incident and provided relevant materials to Wang Ge. After Wang Ge looked at the materials, he had no objection to Qianhe Company's detention of Yang Mou 2's 400,000 yuan for private lending disputes. Wang Ge proposed to ask Wang Qiang to find the then entrusted agent He Chuanhong to issue a certificate proving that Qianhe Company borrowed 303,058.06 yuan from Wang Qiang through He Chuanhong to pay the fine, forming a loan relationship between Qianhe Company and Wang Qiang in order to successfully sue Qianhe Company.
Wang Qiang agreed.Wang Qiang said: "He Chuanhong has a low level of education and may not be able to write." So after Wang Ge and Wang Qiang discussed together, Wang Ge used his office computer to draft a "certificate" and fabricated the content that "In the process of entrusting He Chuanhong to handle the refund of the deposit and handling administrative penalties, He Chuanhong borrowed 303,058.06 yuan from Wang Qiang in the name of Henan Qianhe Company to pay the fine. He used it for one month, with a monthly interest rate of three cents, and the loan has not been repaid." Wang Ge printed out the certificate and handed it to Wang Qiang, asking Wang Qiang to find He Chuanhong to sign the certificate. Later, Wang Qiang found He Chuanhong. He Chuanhong knew that he had not borrowed money from Wang Qiang in the name of Qianhe Company, but signed his name on the certificate. Later, Wang Ge wrote two complaints of Yang Mou 2 and Wang Qiang suing Qianhe Company for private lending disputes, and filed a case in the Mengcheng County People's Court as the entrusted agent of Wang Qiang and Yang Mou 2.
On December 24, 2015, Wang Qiang sued Qianhe Company for a private lending dispute case, and the case was tried by Chen Mou 1 (handled in another case). During this period, Wang Ge drove Chen Mou 1 and others to Zhengzhou City, Henan Province to post an announcement and invited Chen Mou 1 to visit Longmen Grottoes and other attractions. Chen Mou 1 asked Wang Ge to make up the trial record of the case without hearing the case. On June 20, 2016, the Mengcheng County People's Court made the civil judgment No. (2015) Mengmin Yichu No. 04430, ruling Qianhe Company to repay Wang Qiang RMB 303,058.6 and interest (calculated at a monthly interest rate of 2%. After the judgment came into effect, Wang Ge wrote a mandatory execution application for Wang Qiang. The Mengcheng County People's Court deducted the funds involved in Qianhe Company's account, and Wang Qiang received 393,260 yuan in execution.
On December 30, 2016, Qianhe Company applied for retrial, and the Mengcheng County People's Court initiated the retrial procedure. On December 12, 2017, Qianhe Company reached a settlement agreement with Wang Qiang, and Wang Qiang returned Qianhe Company 283,058.6 yuan and compensated Qianhe Company for losses of 151,911.4 yuan. Qianhe Company forgives Wang Qiang, Wang Ge and He Chuanhong for suspected false litigation. The next day, the Mengcheng County People's Court made the civil ruling No. (2017) Anhui 1622 Min Zai 5, ruling to allow Wang Qiang to withdraw his lawsuit; and revoke the civil judgment No. 04430 of Mengcheng County People's Court (2015) Mengmin Yichu No. 04430.
Around 2013, when the defendant Wang Qiang was contracting the project of Anhui Jiangang Group Co., Ltd., in order to forge false performance, he searched online to find the names of companies, enterprises, institutions and state organs involving business in project acceptance reports. He contacted Zeng Mou 1 (handled separately) who made a fake certificate through QQ, and forged it through Zeng Mou 1: Yuncheng County Coal Chemical Industrial Park Management Committee (natively belongs to a state organ) and Shandong Provincial Architectural Design Institute, Shandong Lucheng Bidding Co., Ltd., Shandong Construction Supervision Consulting Co., Ltd., Jinan Investigation and Mapping Research Institute, Anhui Fangzhiyuan Accounting Firm, Anhui Fangzhiyuan Accounting Firm, Chinese Certified Public Accountant Yu Guangquan, Chinese Certified Public Accountant Wang Lin, a total of nine seals. Later, Wang Qiang used his forged seals of "Anhui Fangzhiyuan Accounting Firm, Anhui Fangzhiyuan Accounting Firm, Chinese Certified Public Accountant Yu Guangquan, and Chinese Certified Public Accountant Wang Lin" in the "Audit Report" No. 056 of Anhui Jiangang Group Co., Ltd. After being appraised by Bozhou Public Security and Judicial Appraisal Center, the nine seals were all forged.
Reprinted from: Dahe Views, Smoke Grammar Cute, Law Reading and Publication
