Law

Kind hearted help but falling into the trap of "AB loan"

2025-12-03   

When "Fa Xiao" Pan asked for help, Ms. Zhang kindly agreed to guarantee his loan, but she never expected to encounter the "AB loan" scam and become burdened with a debt of 500000 yuan. The so-called "AB loan" refers to borrower A, who has poor credit or insufficient qualifications, seeking a friend or relative B with good credit as a "guarantor" to apply for a loan using B's identity information. B becomes a legally recognized borrower, and if A fails to repay the money, B will be held responsible for repayment. In July 2024, Ms. Zhang received a WeChat message from Mr. Pan, stating that she was preparing to take out a loan of 100000 yuan to purchase a car for ride hailing services. However, due to insufficient qualifications, she was unable to apply for a loan and hoped to use Ms. Zhang's credit report for a loan. Based on the 'childhood' relationship between both parties, Ms. Zhang decided to help him 'get through the difficult times'. On the 20th of that month, Pan took Ms. Zhang to a loan intermediary company to handle loan business, and the staff promised to transfer the loan to Pan's name after 6 months. When the staff filled out the loan information, Ms. Zhang found that the loan amount had changed from the agreed 100000 yuan to 500000 yuan, and she raised doubts. The staff insisted that '500000 yuan must be processed'. She asked Pan, who comforted her by saying that she would repay 400000 yuan in advance once the money was received. Unable to resist repeated persuasion from several people, Ms. Zhang signed the loan contract for a repayment of 500000 yuan in 36 installments. At first, Pan would transfer money to Ms. Zhang through WeChat every repayment day and paid back 47400 yuan in three months. But from the fourth installment onwards, he asked Ms. Zhang to help advance payment on the grounds that his account was frozen, and then lost contact. Ms. Zhang tried to consult with a real estate agency, but found that the company was empty. On February 25th of this year, Ms. Zhang reported to the police. After comprehensive analysis and judgment, the public security organs believe that Pan has a significant suspicion of fraud. On March 3rd, Pan was arrested and brought to justice. In May of this year, the case was transferred to the Jianghan District Procuratorate in Wuhan, Hubei Province for examination and prosecution. The prosecutor found that behind this seemingly simple 'help' lies abound. Firstly, Pan fabricated the purpose of the loan and did not use it to purchase a car after receiving the money; Secondly, he concealed the true loan amount and intermediary fee, first fabricating a loan amount of 100000 yuan to lure Ms. Zhang to the intermediary company, and then deceiving her into signing a 500000 yuan loan contract, without informing Ms. Zhang of the truth that she needs to pay a 100000 yuan intermediary fee after a successful loan. According to the investigation, Pan had no job or stable income. After receiving 400000 yuan in funds, he squandered it all in less than three months. And Pan does not have the qualification to obtain a loan from the bank, therefore, the bank cannot transfer the loan under Ms. Zhang's name to Pan's name. On July 31st of this year, the Jianghan District Procuratorate prosecuted Pan for fraud. Considering that Pan was previously convicted of contract fraud and sentenced to one year and two months in prison with a probation period of one year and six months by the court in May 2024, and committed a new crime during the probation period, his probation should be revoked and he should be punished for multiple crimes. On August 28th, the court revoked Pan's probation in accordance with the law, sentenced him to eight years and four months in prison for fraud, and fined him 30000 yuan. Sentenced to one year and two months in prison and fined 5000 yuan for the previous crime, and sentenced to nine years in prison with a fine of 35000 yuan. The victim, Ms. Zhang, is ordered to compensate for the remaining economic losses. It is reported that the involvement of the intermediary company in the case is still under investigation. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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