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2024-02-06

Case Studies | What to do if you encounter a loan scam?

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【Case Background】

Xiao De, in urgent need of money and worried that the bank loan amount would not be sufficient, found a loan website on GOOGLE to assist with bank loans. After contacting the site's specialists, he joined the "ID card loan - urgent money borrowing - loan website" LINE group and completed the necessary loan documents. A few days later, the specialist mentioned that to beautify the cash flow, making the bank willing to lend a higher amount, they would first transfer a sum of money and asked Xiao De to transfer it out to organize the cash flow. Xiao De, unsuspecting, complied but never received the loan amount. The specialist only mentioned that the document review would take some time and then disappeared. A few days later, Xiao De received a notification from the bank that his account had been marked as a warning account, only then realizing he had been scammed!

 

【District Prosecutors Office: Non-prosecution decision】

Cases involving fraudulent use of "strawman" accounts often see loan scams as the most common method of deception. Typically, scam groups ask the victims to provide their passbooks, ATM cards, and PINs under the pretext of beautifying cash flows. They claim this is to allow other victims to transfer money into the victim's account, then instruct the victim to transfer or withdraw the money. By the time the scam is executed, the scam group has already withdrawn the money, leaving only the victim waiting for a loan that will never arrive. After the bank notifies them of a warning on their account, victims realize they have been used as pawns by the scam group.
 
Despite widespread awareness efforts by governments, financial institutions, and media exposure, cases of people being scammed continue to emerge, including individuals with high education levels, substantial incomes, or considerable social experience. The reasons for falling victim to scams are varied and sometimes unusual. If ordinary people can be misled by scam groups into handing over significant assets, it's not hard to imagine how account holders can be tricked into handing over their ATM cards and PINs, based on the same deception. It's unreasonable to expect the same level of vigilance or awareness of criminal activities from everyone, including legal professionals (judges, prosecutors, lawyers).
 
Life is inherently risky, and expecting individuals to be 100% certain that their actions carry no risk of aiding criminal activities is not only impractical but also detrimental to social functioning. Those most adversely affected are often from the lower socio-economic classes, who may lack the knowledge to recognize scams or are economically vulnerable and excluded from conventional assistance (like banks or family and friends), forcing them to resort to less desirable means (like private lending) for financial needs. Therefore, for the survival of these individuals, facing more risks and uncertainties is inevitable. Current criminal law only punishes those who intentionally assist criminals, essentially ignoring those who, despite being careless, do not act on entirely baseless trust.
 
Lastly, upon reviewing the transaction details of the accused's account, providing explanations and evidence to the prosecutor, and arguing the case based on practical legal interpretations and experiences of cases not prosecuted by our firm, we successfully convinced the prosecutor to dismiss the charges and unfreeze the account. Therefore, individuals facing such cases must seek legal assistance and defend themselves patiently and effectively during investigations to avoid being treated as accomplices in scams and facing dismissive accusations of innocence.

 

Reference：Chapter 32 of the Criminal Code: Crimes of Fraud, Breach of Trust, and Usury

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