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Law

A fake lawsuit triggered by a real IOU

2023-05-10   

Thanks to the fact that the procuratorate has restored the truth and helped the enterprise out of difficulties, otherwise I really don't know what to do. "Facing the prosecutor who came for a follow-up visit, Ding thanked him while introducing with joy, Now is the time for enterprises to show off their strength. We have recently developed many new products and opened several new factories in other provinces. More than ten products have obtained EU certification and can be exported overseas... "The arrival of the prosecutor made Ding, who has already entered the right track of production and life, feel very familiar. After the follow-up visit, as the prosecutor gradually disappeared, the images constantly flashed in Ding's mind, dragging him back to the days when he was deeply involved in litigation and unable to argue - a promissory note that dragged him and his company into the abyss of fake lawsuits... laying the root of the disaster. In October 2013, Ding's wealth creation company (pseudonym) was in a critical period of rapid growth, The temporary shortage of funds gave him a taste of the "pain" of enterprise development. In order to alleviate the financial pressure as soon as possible, Ding spoke to his friend Ren. In the eyes of acquaintances, Ren is a "divine person" with a wide range of paths and connections. Although Tongda Company (pseudonym) operated by him has not obtained a financial business license and does not have lending qualifications, it has been engaged in lending business to the outside world. Being able to help friends without delaying money, Ren naturally agreed to Ding's loan request. After all, borrowing 2 million yuan is not a small amount. Friends belong to friends, and business belongs to business. When handling loans, the IOU, interest, and guarantor cannot be reduced. In order to successfully borrow funds, Ding requested Wang, the person in charge of Maosheng Company (pseudonym), to help guarantee. As a high school classmate, Wang agreed without saying a word. After Ren, Ding, and Wang negotiated the loan amount and fund transfer method, Ren arranged for the company employee Jiang to be responsible for the specific operation of the loan matter - after deducting 45000 yuan of interest in advance, 1.955 million yuan was transferred to Jiang's wife Huang's account, and then transferred to Ding through Huang's account. After receiving the payment, Wang acted as the guarantor, and Ding handwritten a 2 million yuan promissory note from Huang and handed it over to Jiang for safekeeping. In November 2013, as soon as Ding withdrew the funds, he directly returned 2 million yuan to Ren, who also notified Jiang of the return of the funds. Thinking that both parties' transfer records were clear and they had been friends for many years, Ding did not mention the matter of retrieving the debit note. Who knows, it was his negligence that laid the foundation for a series of troubles that followed. Originally, Jiang was not only an employee of Tongda Company, but also one of the investors of the company. He lent most of his savings to Ren to serve as working capital for Tongda Company, from which he earned interest. Normally, Ren represents the company in external loan business, while Jiang is responsible for the company's fund collection and borrowing, interest accounting, and keeping relevant loan vouchers. To avoid supervision, Jiang arranged for his wife Huang to serve as a "registered" lender for Tongda Company, and the bank cards under Huang's name were actually kept and used by Jiang. For a long time, Tongda Company has been using this "nominal" lending method to cover up the fact of illegal lending in the form of private lending. two hundred and one

Edit:Ying Ying Responsible editor:Shen Chen

Source:jcrb.com

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