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Law

Borrow the court's "touch porcelain"? Don't try to walk away!

2022-09-06   

In recent years, in various civil cases, it is common for litigation participants to make false statements and provide false evidence in court, which has become a major "cancer" in the construction of a honest society. The law does not allow blasphemy and fraud, and litigation participants should participate in litigation in good faith to promote the formation of a social atmosphere of abiding by discipline and law and being honest and trustworthy. Borrowing a mobile phone and fabricating a "confirmation" message Mr. Zhang did not expect that someone borrowed a mobile phone from him in order to set up a bureau - fabricating a message to confirm the fact of the loan, and using it as important evidence to file a lawsuit to ask Mr. Zhang to repay the loan. A few days ago, two men who set up the Bureau were sentenced for false litigation. Jiang, a 38 year old Wenling native, has a criminal record of selling fake and shoddy products and dangerous driving. Wang Mou, who set up the bureau with him, is 41 years old, also from Wenling, and has a bachelor's degree. On December 11, 2017, Jiang filed a lawsuit with the people's Court of Wenling City, Zhejiang Province, demanding that Mr. Zhang and his wife return the loan of 1.5 million yuan and pay the corresponding interest. In this lawsuit, Jiang did not provide a debit note, but provided a group of mobile phone short messages to prove that there was a loan relationship between the two sides. The time of the short message was on the evening of September 6, 2017. One message was sent to Mr. Zhang by Mr. Jiang: "when will you repay the 1.5 million yuan you owe me, Zhang XX (you asked me to remit two 250000 yuan to Mr. Xiao's account). From May 18, 2015 to now, it has been more than two years. It was agreed that 2 cents of interest has not been given to me. I am also very tight." Another replied for Mr. Zhang: "I will repay the 1.5 million yuan I owe you. Don't worry." At the same time, Jiang also provided a transfer record to prove that 1.5 million yuan had been given to Mr. Zhang. Mr. Zhang replied that he was the legal representative of a company, mainly engaged in electronic transactions such as commemorative coins and stamps, and he had a very good relationship with Mr. Jiang. The 1.5 million yuan sued by Jiang was investment money, of which 1 million yuan was used to buy commemorative coins for the year of the tiger and 500000 yuan was used to buy commemorative coins for the year of the monkey. For the short message provided by Jiang, Mr. Zhang said that he had not received the above message from Jiang and had not replied to Jiang. Mr. Zhang said that on September 6, 2017, Mr. Jiang asked him to have a drink. During that time, Mr. Wang, who was traveling with him, borrowed his mobile phone and said to call his wife. After that, Wang and Jiang walked out of the box together. After more than 10 minutes, they returned. Mr. Zhang looked at his mobile phone and found no call record between Mr. Wang and his wife. Mr. Zhang didn't know about the SMS until he was prosecuted. Because of the suspected false lawsuit, Wenling court ruled to suspend the trial of the private loan dispute case and transferred the case to the public security department for investigation. After hearing, the court found that from May to June 2015, Jiang and Mr. Zhang jointly invested in coin business, of which Jiang contributed 1.5 million yuan. After that, Jiang learned that there was a loss in his investment, and after discussing with Wang, he decided to forge mobile phone SMS information as the basis for Mr. Zhang to borrow money from Jiang. On the evening of September 6, 2017, Mr. Wang borrowed his mobile phone from Mr. Zhang, sent the contents of the loan reminder SMS that had been discussed in advance to Mr. Zhang's mobile phone, and then answered the SMS with Mr. Zhang's mobile phone to confirm the loan situation, and then deleted the above two SMS in Mr. Zhang's mobile phone

Edit:Wei Li Bin Responsible editor:Yin Bing

Source:People's Court Journal

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