Why did a woman in Xi'an fall into a serial fraud?

Zhang Ying is finally no longer the legal representative of Xi’an Weishiquan Hotel Management Co., Ltd.

She worked hard for 18 months for this result.

In September 2016, this single mother became a "creditor", and the debtor was named Xie Xiaoqun, the actual person in charge of Xi'an Weishiquan Hotel Management Co., Ltd. At that time, he borrowed 420,000 yuan from Zhang Ying for 4 months, with an agreed interest of 80,000 yuan.

"The money belongs to parents", Zhang Ying repeatedly hesitated, but Xie Xiaoqun "transferred" the company to Zhang Ying and promised that if it was not repaid when due, the Xi'an "Aerospace Snack City" operated by the company would Zhang Ying will handle it himself.

In this way, on October 10, 2016, Zhang Ying officially became the legal representative of Xi’an Weishiquan Hotel Management Co., Ltd. At first, she felt quite at ease, "After all, I hold the equity of a company in my hands."

But soon, she learned that Xie Xiaoqun had been wanted online for fraud. The company she took over was heavily in debt and involved in many lawsuits.

Subsequently, Xie Xiaoqun lost contact, and his 420,000 principal was suddenly gone, leaving Zhang Ying anxious. But what makes her even more anxious is that as soon as she became the legal representative of the company, she became a "lao Lai" and her consumption was restricted.

"If you lose your wife, you lose your troops," Zhang Ying thought. The money is not necessary, but the title of "legal representative" must be thrown away.

After 18 months of running around, she finally got her wish. However, Xie Xiaoqun is still out of touch, and the loan of 420,000 yuan is still unaccounted for.

420,000 loan in exchange for a "legal representative"

Zhang Ying emphasized several times that she is just a single mother who usually takes care of her children and does not want to get herself into a mess. inside. Unexpectedly, trouble caught up with her.

She said that her parents were old and had some savings, so she thought of loaning the money out to earn interest. At this time, Xie Xiaoqun was in urgent need of "money" and had a sincere attitude. "No one could tell that he was that kind of person." An insider said that during the renovation of the snack city, Zhang Ying's brother provided decoration materials and had more contact with Xie Xiaoqun. Xie Xiaoqun has expressed the idea of ??"financing" many times.

Xie Xiaoqun claimed that his nephew Xie Ke (the legal representative of the company) had entrusted Xi'an Weishiquan Hotel Management Co., Ltd. to him. He even took out the "Authorization Letter" and promised that if he borrowed money, He can temporarily transfer all the company's equity, and the legal representative can also be changed.

“My brother often plays cards, so my parents put the company in my name.” Zhang Ying felt that although she was a “creditor,” she was only doing her parents a favor.

A "Civil Judgment" numbered (2017) Shaanxi 0116 Minchu No. 6531 from the Chang'an District People's Court of Xi'an shows that Xi'an Weishiquan Hotel Management Co., Ltd. was established on March 1, 2016. The legal representative is Xie Ke. At the same time, a "Power of Attorney" obtained by Red Star News confirmed that the actual operator of the company is Xie Ke's uncle, Xie Xiaoqun.

The court found that on September 27, 2016, Xie Xiaoqun borrowed 420,000 yuan from Zhang Ying for 4 months on the grounds of capital turnover difficulties, with an agreed interest of 80,000 yuan. In the "Loan Agreement" "In the loan amount, the total principal and interest is 500,000 yuan.

In the agreement, Xie Xiaoqun promised to change the legal representative of Xi'an Micro Food Circle Hotel Management Co., Ltd. to Zhang Ying. This made Zhang Ying relax his vigilance. After the agreement was signed, Zhang Ying remitted 420,000 yuan to the designated account according to Xie Xiaoqun's prompts. At the same time, Xie Xiaoqun signed another IOU and signed an equity transfer agreement with Zhang Ying.

Thirteen days later, Zhang Ying was no longer a single mother, but the legal representative of a company with a registered capital of 1 million yuan.

Recalling the situation when the contract was signed, Zhang Ying told Red Star News, "At that time, Xie Xiaoqun and others said that the company could not turn around and had to pay rent. It would take about four months to turn around. At that time, ( I) also hesitated, but my brother said that one of Xie Xiaoqun’s partners was Zhao Feng from a neighboring village, so I believed him.

"

Many frauds have been committed, and debtors have been chased away

At the end of October 2016, a few words from Zhao Feng made Zhang Ying sleepless," he said, Xie Xiaoqun Maybe a deadbeat. All of a sudden, I was nervous. Don't know what to do. ”

But it was too late. Xie Xiaoqun had lost contact, the phone could not be dialed, and he was nowhere to be seen in the snack city. In addition, more news came about Xie Xiaoqun using similar methods to defraud.

Zhang Ying could not imagine that 7 days before signing the contract with him, Xie Xiaoqun had used a similar method to mortgage Snack City to another person and borrowed 300,000 yuan, but the legal representative had not been changed.

At the same time, the "Registration Information Form for Fugitives" provided by the police to multiple victims showed that on November 5, 2011, Xie Xiaoqun used the operating rights of a health club in Weiyang District, Xi'an City as collateral to borrow 2.3 million yuan, but when After the period, he fled.

Although the creditor Ma Junfang won the lawsuit, he has not recovered the debt so far. “I drove around looking for him and finally found him in Ankang. But after the court wrote a repayment plan, (Xie Xiaoqun) lost contact again. I have spent 200,000 yuan to find him. No more looking. ”

Ma Junfang told Red Star News that during the period of debt evasion, Xie Xiaoqun defrauded more than 3 million in Ankang using similar methods. A staff member of the Ankang Hanbin Police confirmed that Xie Xiaoqun was indeed wanted online for fraud.

Another Ankang creditor told Red Star News that Xie Xiaoqun’s fraud methods were mostly similar, including opening new stores, finding people to “buy shares”, pledging equity, and then disappearing. The creditor said that Xie Xiaoqun shied away several times. , after being found, “knelt down and even gave me his ID card and the like, but it was of no use. Now, he still can't be reached. ”

Zhang Ying finally confirmed that she had been deceived. She said that although she was the legal representative, she had never actually participated in the business. When she rushed to the snack city to find the landlord, many stalls People also claimed that they were deceived, and she, Zhang Ying, was the target of debt collection.

After the incident, the landlord of Snack City said in an interview with Shaanxi TV that he was the worst deceived. , “In September 2015, Xie Xiaoqun and I signed a rental contract. In August 2016, the snack city opened. He has defaulted on more than 700,000 yuan in rent. Moreover, after refunding business fees to merchants and refunding recharge cards to customers, more than 200,000 yuan was borrowed..."

Xie Xiaoqun's "partner" Zhao Feng also said that he was deceived. He told , in 2015, he had nothing to do and went to Didi. “Xie Xiaoqun rented a car for two days to see where there was a suitable hotel to operate. So, (we) got to know each other. Later, he fell in love with that snack city, which happened to be near my home, so I invested 300,000 yuan. ”

Zhao Feng said bluntly that he didn’t know anything about management, and Xie Xiaoqun was all in charge, “I went there on the opening day and it was very popular. "

But it wasn't until Xie Xiaoqun ran away that Zhao Feng realized that he had been deceived. "Someone told me before that Xie Xiaoqun was a liar, but I didn't believe it. Who would have thought that I would be deceived at my doorstep. ”

Before running away, Xie Xiaoqun called Zhao Feng and said, “I can’t do it anymore.” Your money will be paid back when it's over. "But until now, there has been no news from Xie Xiaoqun.

As soon as he became the legal representative, he became an old man and was restricted from spending money

Xie Xiaoqun ran away, and the "legal representative" Zhang Yingshang

On April 17, 2017, an "Execution Decision" from the Chang'an District People's Court of Xi'an included Zhang Ying in the list of persons subject to execution for breach of trust.

Zhang Ying said that she was just a single mother and knew nothing about managing a company, but now, after becoming the legal representative of the company, she became a "lao Lai" overnight. Zhang Ying's world has been changed.

This "Execution Decision" shows that a lessee of the Snack City stall transferred Xi'an Weishiquan Hotel Management Co., Ltd. The legal representative Zhang Ying went to court and won the case, but Zhang Ying failed to fulfill her repayment obligation. As a result, her bank card was frozen and her life was greatly affected. Surrounded by debt collection, lawsuits and fear, she felt insecure and would scan her surroundings inadvertently when walking.

When speaking, he occasionally lowers his voice and looks left and right.

She took out 6 mobile phones from her backpack and placed them on the table one by one. "Look, how many mobile phones I have changed. I have to." But it was difficult to dial her phone, either Shut down or not in the service area.

She knows that if she does not step down from the position of "legal representative" for one day, she will not be able to rest in peace.

Many defrauded victims told Red Star News, "He is a liar and a sleazebag. He is still cheating everywhere for so many years. Why is this?"

Looking for Xie Xiaoqun To no avail, Zhang Ying took her nephew Xie Ke to court. She petitioned to revoke the equity transfer agreement previously signed with Xie Ke and others and change the name of the legal representative. Zhang Ying wants to get rid of the burden of being a "legal representative," "Even if I don't get my parents' money back, even if they say I'm unfilial, I won't be the 'legal representative.'"

Xie Kebian It said that Xi'an Weishiquan Hotel Management Co., Ltd. was legally established, and the agreement involved was an expression of the true intentions of both parties and should be legal and valid. Debts that arise after the company is transferred cannot be used as a reason for the defendant's fraud.

In the end, the court held that when Zhang Ying signed the contract, he had significant flaws in his understanding of important matters involving the legal effect of the contract and was unable to achieve his purpose of entering into the contract. In addition, Xi'an Weishiquan Hotel Management Co., Ltd. was heavily in debt before the transfer and was involved in many civil cases. Xie Ke subjectively deliberately concealed the truth and used fraudulent means to cause Zhang Ying to sign an equity transfer agreement against his true intention.

Therefore, on September 25, 2017, the court ruled that the equity transfer agreement signed by the two parties was revoked and Xie Ke needed to assist Zhang Ying in changing the legal representative.

The legal representative has been changed, but there is still no progress in the fraud case

The name change process lasted for more than half a year. Zhang Ying felt, "I was deceived by Xie Xiaoqun and Xie Ke."

At the end of last year, Zhang Ying filed an enforcement application with the People's Court of Chang'an District, Xi'an, and once again requested to change the name of the company's legal representative.

A few days ago, Zhang Ying finally shed her "burden" and is no longer "Mr. Zhang", but a mother of one child and the daughter of two elderly people.

But Xie Xiaoqun is still at large. Although his nephew Xie Ke's phone could be dialed, he denied his identity.

In fact, on May 8, 2017, the "case of Xie Xiaoqun defrauding Zhang Ying" was filed. In the cause of the case column, the Xi'an Municipal Public Security Bureau National Civil Aerospace Industry Base Branch wrote, "Our bureau believes that, A crime has been committed and the suspect needs to be held criminally responsible.”

But so far, there has been no progress in the case. Calls to the police investigating the case went unanswered.

Red Star News did not see any logo at the registration place of Xi’an Weishiquan Hotel Management Co., Ltd. The original "Aerospace Snack City" has long since changed its name, but the "Xie Xiaoqun fraud" is still discussed by people around it.

Many staff members of the property company where the snack city is located confirmed that Zhang Ying did not actually operate the snack city. At the same time, they all knew about Xie Xiaoqun's fraud and "the person can't be found."

Now, the landlord has rented out the snack city. The current person in charge is a man in his 30s. He told Red Star News that after Xie Xiaoqun ran away, he rented a house from the landlord and renovated it. "Only after I opened the business did I find out about Xie Xiaoqun's fraud. But he is his and I am mine."

Now, the snack city is still on the second floor, covering an area of ??about 200 to 300 square meters. , the 9 stalls were already crowded with people. Everyone gathered together and everything was business as usual.

But after experiencing this incident, Zhang Ying once felt that her life was ruined.