Chapter 16 Chapter 3 Exclusive Decryption of the Stone Fraud Case

On March 17, 2006, Yu Bo, the legal representative of Jianshi Real Estate Brokerage Company and his girlfriend Cai Min, who caused a sensation in the capital because of the "Jianshi" fraud case, were sentenced to life imprisonment and confiscated in the Beijing Higher People's Court. All of his personal property and 10 years in prison.The two-year stone case finally came to an end. Contrary to the scenes of journalists flocking to the court during the first trial, the Beijing Higher People's Court concluded this high-profile case in a very low-key manner.When the final verdict was pronounced, there was no media follow-up interview. Except for the judge and a young defense lawyer who attended the final verdict, only the author of this article participated in the entire process of the verdict as a court staff.

The ending of this turbulent case is not so much low-key as deserted.And Yu Bo and Cai Min seemed to have foreseen the result of the final verdict being upheld. They didn't say a word before and after the verdict. Before a sandstorm came, he drove slowly towards the prison in the suburbs. As if the first sudden sandstorm this spring, when the wind blows, all the people are afraid to hide their faces and keep their doors closed and locked.When the wind stopped and the sand fell, everything turned into the dust of history. Peach blossoms, red pears and white flowers, and a tree of smoked willows warmed the capital's spring. At this time, almost everyone forgot that sandstorms once ravaged.Just like the sandstorm caused by Yu Bo in the real estate agency, there was still a lot of complaints in 2005, but in the spring of 2006, when the case really came to an end, those who had paid attention to this case seemed to have forgotten Yu Bo and the "hard rock", and just It's like forgetting a passing passerby in our life.

The Stone Fraud Case, a sandstorm caused by a speck of dust.Now Yu Bo is such a dust that has landed on the ground, even though his company's name was once called "Stone". But will there be a second rock in Beijing that will entrap hundreds of homeowners?How can customers avoid being cheated in the process of house leasing?What is the true face of the Jianshi case? Pan Shiyi's Jianshi, a famous hot potato The reason why the Jianshi fraud case has attracted widespread media attention is that Yu Bo and his girlfriend Cai Min are not what people really pay attention to. They are just a little dust in a real estate agency.What people really pay attention to is Pan Shiyi, a real estate tycoon who frequently appears in various media.As the most photographed and well-known real estate developer in China's real estate industry, any troubles related to Pan Shiyi are the targets of the media. What's more, it is Pan Shiyi who registered Jianshi Company. He himself is the first legal person of Jianshi Company. After his younger brother took over, he transferred it to Yu Bo, and Yu Bo claimed that the legal person of the company was Pan Shiyi's younger brother Pan Shijian during the fraudulent process.Because of Pan Shiyi's celebrity, Yu Bomeng deceived many people. Therefore, after Jianshi's accident, almost all the media felt a little gloating. They hoped that the famous Pan Shiyi would publish some news, so as to increase the reading volume of the report.Based on this inhumane factor, many media hyped a common fraud case into the biggest real estate case in Beijing in 2005.

In fact, this really wronged the old Pan brothers a bit, because when Pan Shijian was running Jianshi, although the company was in a state of loss, there were no economic disputes with real estate agencies. After Pan Shijian transferred the hot potato of Jianshi to Yu Bo, Yu Bo However, in less than half a year, Pan Shijian was defrauded under the banner of Pan Shijian as a legal person of the company, which affected Pan Shiyi and Pan Shijian's brothers. If Pan Shijian was at fault, it was that he met people unkindly, or that he sold a loss-making but very famous company to Yu Bo.But if he had predicted in advance that Yu Bo would use his banner to scam everywhere, and even asked his brother Pan Shiyi to take out more than 10 million "private money" to settle the matter, then Yu Bo would kowtow to him, and Pan Shijian would not be taken advantage of by him.

In the early days of the Jianshi case, Pan Shiyi, who was also taken advantage of, once firmly declared to the media that he would never "not pay the bad guy". Under the pressure, Pan Shiyi finally couldn't bear it anymore, and finally decided to use his personal "private money" of 10 million yuan to "pay the bill" for the bad guys, and thus quelled the class action that might be triggered by the Jianshi case. This may be the negative news that Pan Shiyi, who has always been high-profile, has to face, so it has attracted widespread attention from the media and society.In fact, before the Jianshi case, many real estate agencies in Beijing had escaped with their money. After the Jianshi case, there were also more serious real estate intermediary fraud cases than the Jianshi case, and no real estate tycoon like Pan Shiyi came forward again. Pay the bill, but the influence of other cases is far less famous than the Jianshi case.

The Jianshi case became famous because of Pan Shiyi. In September 1999, Pan Shiyi, a well-known real estate developer in Beijing, registered Beijing Jianshi Real Estate Consulting Co., Ltd., mainly engaged in real estate consulting and intermediary businesses.On November 24, 1999, Beijing Jianshi Real Estate Consulting Co., Ltd. received the "Enterprise Legal Person Business License", with a registered capital of 10 million yuan, its domicile at the south of Xiazhuang Village, Yanqi Town, Huairou County, Beijing, and its legal representative is Pan Shiyi. On May 15, 2001, Jianshi Company changed its name to Beijing Jianshi Real Estate Brokerage Co., Ltd., its legal representative was changed to Pan Shiyi's younger brother Pan Shijian, and the rest of the registration items remained unchanged.On August 10, 2001, Jianshi Company received the "Beijing Land, Housing and Urban Management (1999) No. 050" from the Beijing Municipal Bureau of Land, Resources and Housing (in June 2004, housing management was assigned to the Beijing Municipal Construction Commission). No. Qualification Certificate of Beijing Real Estate Brokerage Agency, which is valid from August 8, 2001 to August 7, 2005.The remarks of the certificate indicate that the municipal, district and county land and housing management departments conduct annual review of real estate brokerage agencies every year. Those who fail to pass the annual review will have their qualification certificates invalidated. The department applies for a change of registration.

In 2002 and 2003, Jianshi Company passed the annual qualification examination of real estate brokerage institutions.However, on June 24, August 13, and October 31, 2003, the legal representatives of Jianshi Company were changed to Yu Bo, Duan Yulong, and Wang Jianhua respectively; Zhuangcun South was actually changed to Zhongding Building near Dazhong Temple in Haidian District, Beijing, and the legal representative was changed several times within half a year.During the process of signing the contract, Jianshi Company presented credit materials such as Pan Shijian’s business license and real estate agency qualification certificate when he was the legal representative to the homeowner and tenant in order to exaggerate its company’s strength, business scale, and ability to perform contracts.It was these false company backgrounds and the corporate credit certificates issued by the government before the company changed that finally led Yu Bo, Cai Min and others to use the house lease contract to defraud hundreds of people of huge sums of money.

After Pan Shijian took over, he mainly engaged in real estate intermediary business. He opened 10 branches in Beijing successively, but the operating conditions have not been good.Under such circumstances, Pan Shijian began to plan to sell Jianshi Company. At this time, Yu Bo, the key person in this case, appeared. This Yu Bo was a native of Tieli City, Heilongjiang Province, with a college degree. In May 2003, Yu Bo approached Pan Shijian through his friends, and expressed his willingness to take over Jianshi Company and assume all the debts, creditor's rights and properties of Jianshi Company, including the subsidiaries of Jianshi Company.This is exactly what Pan Shijian was looking for, and the two parties quickly reached a transfer agreement.After cleaning up the company's assets, Jianshi Company still had hundreds of houses under implementation at that time. After subtracting the money due to the homeowner and the money paid by the tenant, Pan Shijian calculated the loss of the company to be 300,000 yuan. , Yu Bo calculated 800,000 yuan.In the end, Pan Shijian and Yu Bo agreed to set the loss amount at 600,000 yuan, and Pan Shijian included all directly-operated stores, franchise stores, office supplies, paid deposits, business documents, business licenses, qualification certificates, and financial account books under the name of Jianshi Company. For the transfer, the company’s entire equity was priced at 590,000 yuan, and 500,000 yuan was used as the payment to the homeowner. Yu Bo paid 90,000 yuan to Pan Shijian, with a down payment of 10,000 yuan, and the other 80,000 yuan was paid in installments. The rest of the debts were all borne by Bo.

On June 11, 2003, Pan Shijian and Yu Bo signed the company's equity transfer agreement at Zhongding Building, the office of Jianshi Company.When the transfer agreement was signed, Jianshi Company had less than 10,000 yuan in its account. However, in the month of signing the contract, each branch of Jianshi Company paid 120,000 yuan for the house, and Pan Shijian left this money to Yu Bo. That is to say, Yu Bo bought Jianshi Company, which had a loss of 600,000 yuan but was well-known in Beijing's real estate industry, for only 10,000 yuan. Selling dog meat under the guise of a real estate tycoon to defraud

Then, why does Yu Bo, who has been in the real estate industry in Beijing for many years and is extremely clever, prefer to go to the Tiger Mountain when he knows that there are tigers in the mountains?In fact, what Yu Bo valued was actually Pan Shiyi's name.In the eyes of many people, the three words Pan Shiyi undoubtedly symbolized a certain reputation and appeal in the real estate industry in Beijing.This self-proclaimed "Turtle" Lao Pan played a "CBD" in the most prosperous prime location in the capital. How could his company defraud ordinary homeowners of thousands of dollars in rent?

More importantly, before Pan Shijian transferred Jianshi Company, Jianshi Company had a registered capital of 10 million yuan. It was the first batch of "reliable intermediaries" in Beijing and a good carrier for operating housing intermediaries.However, when Yu Bo took over Jianshi Company, the company not only had a debt of more than 500,000 yuan, but also within a week after taking over, Jianshi Company was emptied, leaving only an empty shell, and Yu Bo restarted the business. .When Yu Bo took over the Stone Company, he also took over hundreds of contracts that the company had previously signed with homeowners. Most of these contracts were signed before the SARS outbreak, and the lease price of the contract was much higher than the market price after taking over. During the SARS period, the rental price of houses plummeted, and Yu Bo could only rent them out at the market price after taking over, otherwise he would have to pay the homeowner a large amount of liquidated damages.However, Yu Bo seemed to disdain to make a little difference between the sublets. He started to display his "karate" within a week after taking over the company. At the beginning of July 2003, Yu Bo summoned his men and began to implement the business strategy he formulated.Yu Bo's main strategy is to sign a 1-year contract with the landlord and strive for a 2-month rent-free period; but sign a 3-month contract with the tenant and collect 3 months' rent; in the end, the tenant stayed for 3 months, but the company Only give the landlord 1 month's rent, and then find fault with the landlord and tear up the contract.Yu Bo thinks that if the company makes profits in this way, it is not illegal, and at most it is an economic dispute. However, after only one month, Yu Bo was not satisfied with such small troubles. At the beginning of August, Yu Bo convened a meeting of all department managers and ordered all the departments under him to sell the houses at a low price and recover the funds as soon as possible. Yu Bo promised to increase the commission to each department from 50% of the original profit to 50% of the turnover, and to reduce the house price. The range ranges from 300 to 500 yuan.In this way, the house price will be lowered plus the profits distributed to various departments. Taking a house with a monthly rent of 3,000 yuan sublet from the landlord as an example, the sublet will be 2,500 yuan to the tenant, and the departments and salesmen will withdraw 1,250 yuan. The profit, in the hands of Jianshi Company, is only 1,250 yuan, and the monthly house of 3,000 yuan has shrunk by more than half.Such a simple account can be calculated by anyone. However, even so, Yu Bo still felt that the recovery of funds was too slow.At the beginning of September, Yu Bo convened another meeting of department managers to demand that the prices of rental houses be lowered again. As for the extent of the reduction, each department manager was in charge of it. In some houses, the monthly rent was even reduced by 1,000 yuan. Such a low rent price will naturally attract a lot of tenants, and the house under the pressure of Jianshi Company will be sublet out quickly, and the money to the landlord is paid on a monthly basis, but the sublet to the tenant is paid on an annual basis. He quickly got millions of dollars in cash in his hands. But such a high entry and low exit meant that the Stone Company would lose more than half of the cost. Even some of Yu Bo's subordinates felt that the company's operation was too abnormal.A senior manager of Yu Bo's department, during the 50 days from September 1st to October 20th, the department's turnover was 500,000 yuan, and the senior manager received a commission of 190,000 yuan, and distributed 30,000 yuan to his subordinates. Net profit of 160,000 yuan.The money came too fast, and he realized that something would happen sooner or later. A few days after paying the bill, Manager Gao walked away with the 160,000 yuan that belonged to him. Because Yu Bo's department managers and salesmen are worried about future accidents, most of them use pseudonyms when signing contracts with customers.After the salesperson signs the contract with the tenant, the tenant pays money to Cai Min, who is in charge of the company's finances, and the company then gives the salesperson a commission in proportion.During this period, the company's department managers and salespersons all knew that high entry and low output was an abnormal operation method, so many of them only worked for a short time, and left Jianshi Company soon after receiving the commission. Under the reward, there must be a brave man. Under the temptation of money, many department managers and salesmen not only help the evil, some even willingly serve as Yu Bo's scapegoat.A Yubo fellow named Duan Yulong went to work in Jianshi Company. After working for less than a month, Yu Bo asked him to be the legal person of the company and told him that he would only work for two months before changing.This Duan Yulong asked the reason, and Yu Bo told him: "Recently, the higher-ups need to check the accounts, and the legal persons have to be found one by one. If there are too many legal persons, it will make it difficult to check the accounts. You will be given 100,000 yuan as a legal person for two months." In August 2003, Yu Bo went through the equity transfer procedures with Duan Yulong, and then Yu Bo gave Duan Yulong a total of 90,000 yuan several times.However, Duan Yulong has never participated in the operation and management of Jianshi Company, and he even returned to his hometown when he was a legal person.Two months later, when Duan Yulong came back from his hometown, he felt uneasy and asked Yu Bo to find someone else as the legal person. Therefore, the legal person of Jianshi Company fell to a man named Wang Jianhua, who was also Yu Bo's Heilongjiang fellow. Through this kind of trickery of "changing the king's flag at the top of the city", in the second half of 2003, the Stone Real Estate Company was no longer under the banner of Pan Shiyi, a real estate tycoon who was famous in Beijing at that time. its master.The order of change of the legal person of Jianshi Company is: in May 2001, the legal person of Jianshi Company was changed to Pan Shijian, the younger brother of Pan Shiyi; on June 24, 2003, Pan Shijian transferred the company to Yu Bo; on August 13, 2003, Yu Bo transferred the company To his fellow countryman Duan Yulong; on October 31, 2003, Duan Yulong transferred the company to Wang Jianhua. In fact, the two legal persons after Yu Bo are just puppets, and the real boss of Jianshi Company is Yu Bo. If you do many unrighteous actions, you will die yourself, and it is useless to escape to the end of the world After Yu Bo sublet out a large number of houses at low prices, he has no intention of handing over the collected money to the landlord. In fact, he has already made plans to flee with the money.However, many homeowners couldn't get the money, so they naturally had to ask Jianshi for an explanation. On November 9, 2003, the Criminal Police Economic Investigation Team of Beijing Haidian Sub-bureau received a report from a female victim surnamed Feng that she had signed a "House Leasing Entrustment Contract" with Jianshi Real Estate Brokerage Co., Ltd. A two-bedroom house, the lease term is 2 years, and the monthly rent is 4,800 yuan.According to the contract, the company will transfer the monthly house rent to Ms. Feng's account at the beginning of each month.However, after the house was entrusted to Jianshi Company, Ms. Feng did not receive the rent payable by the company. When Ms. Feng went to the house she entrusted Jianshi Company to rent out in Anhui Beili, she found that Jianshi Company had already rented the house to a foreign tenant at a low rent of 2,500 yuan per month.The tenant told Ms. Feng that he had already paid one year's rent to Jianshi Company in one lump sum.Feeling deeply disturbed, Ms. Feng hurriedly contacted the salesman of Jianshi Company, but she couldn't get through the phone number left by the salesman anyway. On November 9, Ms. Feng immediately found the headquarters of Jianshi Company in Zhongding Building in Dazhong Temple, but found that the company was empty.Immediately, Ms. Feng reported the case to the police. At the same time, the Haidian police received dozens of phone calls from customers of the Stone Company, all of which reported that the Company evaporated on the spot.At this time, dozens of customers of Jianshi Company from Zhongding Building rushed into the headquarters of Jianshi Company.At the scene, the anger of dozens of homeowners was uncontrollable, and what they reported was roughly the same as that of Ms. Feng who reported the case.Investigators found a strange phenomenon. On the one hand, Jianshi Company signed lease contracts with homeowners at a price significantly higher than the average market price to accumulate a large number of houses, but on the other hand, it sublets the houses at a price much lower than the market average price. go out. This is a high-input and low-outgoing business model that clearly violates business rules.On the surface, it is obvious that the Stone Company is in a loss-making business, but it can enable the company to absorb quite a lot of houses in a short period of time and quickly rent them out to receive a large amount of rent.Since there is no need to pay the landlord for one to two months, this time difference provides conditions for the white wolf with empty gloves. The Stone Company can get the house and sublet the gloves for a large amount of rent without paying a penny.At the time when the rent should be paid to the landlord, the personnel of Jianshi Company suddenly disappeared, exposing the suspicion that the company had fled with the money and carried out fraud. On November 9, the Criminal Police Economic Investigation Team of the Haidian Public Security Bureau formally filed a case to investigate the case of Stone Real Estate Brokerage Co., Ltd. suspected of economic fraud. The investigation of the case first started with the investigation of the situation of Jianshi Real Estate Brokerage Co., Ltd.By retrieving the company's industrial and commercial registration information, investigators found that as of the incident, Jianshi Company has changed its owner five times.Investigators also found that Jianshi Company was once rated as the first batch of "safe intermediaries" in Beijing, but it withdrew from this title in May 2003. After Yu Bo took over, it has always operated under the banner of "safe intermediaries" and continued to use the company License before the change of legal person. According to the reports received by the Haidian police, in just half a year, Jianshi Company extorted more than 5 million yuan in rent by means of high entry and low exit, and more than 770 people were victims.However, when the criminal police transferred the account of Jianshi Company in a commercial bank, they found that the funds in the company's account were only 4,000 yuan. A large number of facts prove that Yu Bo's frequent change of legal person after the acquisition of Jianshi Company is just a trick to get rid of the shell by changing the position and transferring the creditor's rights and debts.After the facts were basically clarified, the Haidian Criminal Police went all out to track down Yu Bo, the main suspect involved in the missing case. However, Yu Bo's whereabouts were unknown after the incident.The police only found a 187-square-meter house that Yu Bo bought for 970,000 yuan in cash in Roman Garden and a two-bedroom house that Yu Bo bought in Chaoyang Wangjing Xiyuan for 480,000 yuan. The criminal police did not find any valuable information after they placed control on the two properties in Bo. On November 20, 2003, investigators went to Heilongjiang, where Yu Bo was originally from, to find clues about Yu Bo with the cooperation of the local police.However, during the one-month-long surveillance, the police found no trace of Yu Bo's contact with his hometown. When the investigation of the case was at an impasse, one day in mid-January 2004, the police received a message from Yu Bo's younger sister, asking if 1 million yuan could buy out the lawsuit for her brother.The investigators deduced that the person throwing stones and asking for directions must be Yu Bo himself.Immediately, the investigators concentrated their efforts on controlling Bomeimei's temporary residence in Beijing. On February 10, 2004, the Haidian criminal police discovered a 57-minute call record between Yu Bo's younger sister and Haikou, and Haikou was locked by the police. On February 13, 2004, based on the call records of Yu Bo's younger sister, the Beijing police adopted a gradual elimination method to gradually narrow the encirclement, and finally located Yu Bo's possible hiding place in Tianhao Building, Guomao Avenue, Haikou City.Subsequently, the police dispatched and mobilized Tianhao Building.The task force got accurate information that Yu Bo lived in Tianhao Building, and there was a young woman living with him. At about 23:00 on February 24, 2004, the police determined that the conditions for arrest were ripe, and the public security personnel knocked on the door of Yu Bo's room.It was Yu Bo's girlfriend Cai Min who answered the door. When the police officers entered the room, Yu Bo was surfing the Internet. There were three books on the desk next to Yu Bo's bed, namely "Criminal Law", "Criminal Procedure Law" and "Contract Law". It was turned up to the rough edges. Yu Bo traveled to five provinces, Liaoning, Shandong, Guangdong, Guangxi, and Hainan, and fled for more than three months. He never imagined that the Beijing police could find him in the ends of the earth.That night, Yu Bo and his girlfriend were taken to a place provided by the Hainan police for overnight interrogation.Yu Bo confessed that his girlfriend Cai Min was the cashier of Jianshi Company, and Cai Min fled with Yu Bo after the incident.The collective actions of the victims of the Stone Company and the widespread media attention made Yu Bo feel that the situation was serious. After fleeing to Haikou, he stayed behind closed doors and read the "Criminal Law", "Criminal Procedure Law" and "Contract Law" every day.Yu Bo felt that he could not escape the guilt no matter what, so he designed a plan for himself to disappear completely.Yu Bo goes to the local plastic surgery hospital to learn about plastic surgery and prepares to have a facelift on himself.At the same time, he found someone to make a fake ID card named Lu Yizhu for himself, and concealed his identity in the local area.When the police found him, Yu Bo was doing the third step, getting a "death certificate". On April 2, 2004, the Beijing Haidian District Procuratorate approved the arrest of Bo and Cai Min in accordance with the law on suspicion of contract fraud and forging resident ID cards. What puzzled Yu Bo the most was why the police caught him in Haikou.On the way back to Beijing, he smiled wryly and told the criminal police that he went to the ends of the earth with Cai Min a few days ago, and the taxi driver said that people who do business should not go to that place, because it means that they have come to an end. Old Pan brothers paid for the villains, Yu Bo refused to plead guilty in court After the Jianshi fraud case was exposed by the media, and under the premise that Yu Bo's whereabouts were unknown, the attention of the society and the media instantly focused on the Pan Shiyi brothers. On December 2, 2003, Pan Shiyi and his younger brother Pan Shijian, accompanied by their lawyers, clarified to the media that Jianshi Company had no legal relationship with the Pan brothers, and presented the equity transfer agreement to prove it. Pan Shiyi's lawyer publicly explained that with the signing of the equity transfer agreement and the completion of industrial and commercial registration, Pan Shijian no longer has any relationship with Jianshi Company.Pan Shijian neither assumes the company's claims and debts, nor is he responsible for the execution of the company's ongoing contract.In an interview with reporters, Pan Shiyi said that if the relevant organization finds that Pan Shijian is responsible for the Jianshi incident, Pan Shijian will assume this responsibility, and Pan Shiyi is willing to lend money to Pan Shijian when it comes to compensation.But Pan Shiyi declared that he would "never pay for the bad guys." However, after Yu Bo returned to the case, in order to quell the shock caused by the Jianshi fraud case to the real estate intermediary, Pan Shiyi announced to the outside world that although he once said "don't pay the bad guys", in view of Yu Bo's arrest and the actual difficulties of the victims , he will take out 10 million yuan of his own "private money" to "pay" for Yu Bo. In November 2004, the Stone Fraud Case entered the claim settlement stage.The claim settlement office, which is composed of relevant departments such as the Municipal Housing Replacement Center under the Municipal Construction Committee, divides the claim settlement work into two stages. The first is to make appointments for the victims in the eight districts of the city to register on the spot one by one. The second is to calculate the total compensation amount. 11 million yuan will be distributed to victims in proportion. In addition to Pan Shiyi's 10 million yuan of "private money", the compensation also included the confiscation of two properties and some cash under Yu Bo's name after his arrest, equivalent to more than 1 million yuan. From January 14, 2005, the Claims Office began to issue compensation. On February 3, 2005, the No. 1 Branch of the Beijing Municipal People's Procuratorate sued Yu Bo and Cai Min for fraud to the Beijing No. 1 Intermediate People's Court. More than 4.21 million yuan. On March 10, 2005, Yu Bo, the main suspect in the Jianshi real estate fraud case that caused a sensation in Beijing, and his girlfriend Cai Min were tried in the Beijing No. 1 Intermediate People's Court.In court, Yu Bo did not recognize the criminal facts charged by the procuratorate and defended his actions. The No. 1 Branch of the Beijing Municipal People's Procuratorate charged the two with the crime of contract fraud and the crime of forging and altering resident ID cards.The main facts of the allegations are: Yu Bo and Cai Min, together with others, rented houses at high prices for the purpose of illegal possession during June to November 2003 during the operation of Jianshi Real Estate Brokerage Co., Ltd., and only paid a small amount to the owner Rent, and then rent out the house at a price lower than the rented-in price, and collect multiple months’ rent from the tenant, deceiving 552 people, including the house owner and the tenant, to sign a house lease contract with Jianshi Real Estate Brokerage Co., Ltd. to defraud the house rent and other expenses A total of more than 4.21 million yuan.Except for paying the high commission for the company's staff and the company's daily expenses, most of the money was squandered by Cai Min.In addition, Yu Bo forged and altered one resident ID card under the names of "Zhou Zhankui" and "Lv Yizhu" respectively, and used the above two resident ID cards. Yu Bo insisted in court that the procuratorate's accusation did not match the facts.He admitted that in the process of the company's operation and operation, he did have the situation of "high entry and low exit", but he said that his business philosophy of "high entry and low exit" does not mean that he must lose money. House decoration, purchase of daily-use furniture and electrical appliances, etc. to earn other profits; you can also temporarily rent out part of the house at a low price in anticipation of future appreciation; or apply for a mortgage loan from the bank to buy a second-hand house, and then rent out the house to rent a house Wait. Yu Bo always thought that he was also a "victim" who was deceived by Pan Shijian when he took over "Stone".Yu Bo said that after he took over "Stone", he found that the company's debt was far more than the 600,000 yuan claimed by the other party, and he should not be fully responsible for this incident.Talking about the loss caused by the high entry and low output of Jianshi, Yu Bo even asked: "When I took over Jianshi, it was already operating in debt, and the debt was much larger than what I knew at the time. I was deceived by you saying What should I do? Isn’t there a gradual process for the stone to come to this day? How much responsibility can I take alone?” After two hearings, the court reviewed the testimonies of more than 600 witnesses, and read more than 90 case files, it was determined that Jianshi Company defrauded homeowners and tenants for a total of 258 pairs and 516 person-times, and the amount of fraud was 3,799,263 yuan.At the same time, it was determined that Yu Boyi, together with Cai Min and others, used the means of "high entry and low exit" and "short payment and long income" to carry out fraud in the process of signing and performing the house lease contract with the homeowner and tenant. Yu Bo's behavior was determined by the court to constitute the crime of contract fraud, and the amount of fraud was particularly huge. His fraudulent behavior caused heavy economic losses to the victim and seriously disrupted social order, which is a particularly serious case.In addition, Yu Bo also forged two resident ID cards, which constituted the crime of forging resident ID cards. The court decided to punish several crimes and sentenced him to life imprisonment.Knowing that Yu Bo used economic contracts to carry out fraudulent activities, Cai Min was still in charge of collecting the defrauded money, helping to destroy the company's financial accounts and other evidence under Yu Bo's instructions, and absconding and hiding together with Yu Bo. His behavior also constituted the crime of contract fraud.He was sentenced to 10 years in prison by the first instance. Yu Bo, who has always been very calm, expressed his resolute appeal after hearing that he was sentenced to life imprisonment.After the judgment, Yu Bo said in an interview with reporters: "It is true that something happened to Jianshi, but these responsibilities should not be borne by me. The company has already incurred losses before I took over, and everything I have done is for the company to turn around. Ying was for the purpose of saving the company, but due to comprehensive factors such as his own ability and financial resources, he failed to achieve his original intention. After all, this matter has a great social impact, and the court has already made a judgment. Now I can say more It may not be recognized. But to put it simply, I signed an agency contract with the landlord. This is a market operation. The landlords have benefits, and the market economy determines that there will be risks if there are benefits. I don’t think I constitute a criminal offense." There are endless black intermediaries in housing, how to prevent black intermediaries from absconding with money? From the disappearance of "Hengji Infinity" at the end of 2002, to the emptiness of "Jianshi" at the end of 2003, and the absconding of "Jinbaijia Branch" with money, and the recent "Zhongtian Hengji defrauding money", in just two or three Over the past few years, several "black intermediaries" in Beijing have repeatedly exposed fraudulent shady scenes, which have brought huge losses to the majority of house owners and tenants, and have also brought heavy damage to the integrity of Beijing's housing intermediary industry. The deceptions in these cases are strikingly similar. All illegal housing intermediaries defrauded the lessee of the house money by "collecting at a high price and selling at a low price" and not paying the rent to the owner, and finally absconded with the money. In the current situation where Beijing's real estate brokerage market is extremely irregular and consumers are generally skeptical of the real estate brokerage industry, these vicious incidents have further deepened the real estate intermediary crisis.These incidents should not only arouse the full vigilance of owners and customers, but also sound the alarm for real estate intermediaries and relevant government management departments. On March 26, 2006, the Beijing Higher People's Court issued a judicial suggestion to the relevant departments after it made a judgment on the Jianshi fraud case.The court held that the relevant departments lacked specific review of the relevant personnel in the process of determining that Jianshi Company has the qualifications of a real estate brokerage agency and the company's qualifications for engaging in real estate brokerage, and the company frequently changed its legal representative within four months. Anomalies, lack of supervision.Therefore, it is suggested that the relevant departments seriously learn the lessons of Yu Bo and Cai Min's contract fraud cases, use modern technology to enter the city's real estate brokerage agencies and personnel into the information system, and through coordination, make the system compatible with the administrative management of industry and commerce, taxation, and the People's Bank of China. , Real estate information management and other related systems are linked to form a linkage mechanism, timely grasp matters such as changes in business registration of enterprises and companies, strengthen dynamic supervision of real estate brokerage agencies and personnel in terms of operation, management, and changes, and strictly apply for " Real estate brokerage institution qualification certificate " and " real estate brokerage member qualification certificate " conditions, will review and put into practice, discover the abnormal activity of real estate economic institution in time.At the same time, it is necessary to improve the internal control and supervision and management system to prevent the occurrence of similar cases. So, what are the lessons for the average homeowner and consumer to take away from such events? After careful analysis, the usual trick of black intermediaries is to take advantage of the inconsistency between the receipt and payment cycle of landlords and tenants, to accumulate a large amount of money in a short period of time, and then "evaporate" in the world.Often black intermediaries will use the longer the house rents, the lower the rent as a bait, charging tenants half a year or one year's rent, but they only pay the landlord monthly or quarterly. The huge price difference in the middle becomes a huge profit for black intermediaries .For example, to calculate an account, the black intermediary signed an entrustment agreement with the landlord, agreed on a monthly rent of 2,500 yuan for a certain house, paid the landlord’s rent on a monthly basis, and then rented it to the tenant customer at a monthly rent of 2,000 yuan, and collected the tenant’s one-year rent at one time A total of 24,000 yuan, and ran away with the money after paying the landlord two months' rent.It can be seen that even if the black intermediary company "high entry and low exit" of this house, it can earn a rent difference of 19,000 yuan.Obviously, the difference in rent is mainly caused by the inconsistency between the receipt and payment cycle of the landlord and the tenant, and the huge rent that should have been the landlord is left in the intermediary company, which also facilitates the violation of the law by the black intermediary. In view of the above problems, the best way to solve the problem is to completely solve the problem of the collection and payment cycle, so that black intermediaries cannot take advantage of the time difference of payment.For the landlord, the payment method should be a one-time payment of one year's rent by the intermediary!Because under normal circumstances, the owner entrusts a brokerage company to lease for a maximum period of one year. After one year, if there is still a cooperation intention, he can continue to entrust the lease; for the lessee, the payment period should be shortened to reduce the payment amount of the customer.Even if the payment is made for one year, the rent in the hands of the brokerage company will not be stranded, so there will be no running away with the money.The rental risk is transferred to the intermediary company, which also reduces the possibility of tenants being cheated. Many landlords do not know that the intermediary has actually charged them a year or half a year’s rent until they find out that the intermediary company has vacated the property; It turned out that they did not receive the rent they paid!The reason is that black intermediaries with bad intentions shield part of the transaction information, making the information asymmetry between the two parties.After the incident happened, the landlord and the tenant suddenly realized that they had been cheated. The problem of information asymmetry is not new in the housing rental market.Part of the transaction information involves the business process or profit margin of the intermediary company, so it is inconvenient to disclose it to both parties. However, the practices of the above-mentioned intermediaries are definitely concealing the real situation on purpose.Therefore, it is very necessary to strengthen the transparent transactions of real estate agencies. Under the premise of not affecting the interests of the company, both parties to the transaction should have the full right to know.In order to prevent black intermediary fraud, tenants can ask to check the agency period of the agency agreement signed between the intermediary company and the landlord when renting a house, and clarify the lease period of the house so that the payment period can be determined, and then rent with confidence. 面对黑房屋中介的行径，专家建议房东房客应做到如下几个方面：1.考察中介公司的背景、规模和品牌，考察成立时间，考察信誉记录。2.“高进低出”是黑中介准备卷钱走人的征兆之一。当房租出去后应尽快和房客取得联系，如果发现“高进低出”差价超过10%就要设法解除合同。3.合同的规范性不可小觑。不负责任的中介公司一般不会在合同中标明自己在租出房屋之后所应承担的责任与义务。4.房租的付款方式应该合理。不法中介往往会以低价为诱饵，骗取客户交纳半年甚至整年的房租，因此也给大规模套现卷款提供了可能。5.售后服务的内容也很重要。中介公司有无按时支付房租、有无协助赔偿、有无先行赔付等售后服务都是出租业主需对其考察的必选项。