Renting a car and detaining10.5 million yuan is suspected of fraud, and if the amount is relatively large, it can be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or solely fined. If the car can be redeemed by renting a car mortgage during the lease period, there is generally no great legal risk, because the mortgagor's illegal possession purpose cannot be determined, but if the car cannot be redeemed at the expiration of the lease period, it is very likely to constitute fraud or contract fraud.
There are four ways to cheat in automobile mortgage:
1. Misuse after advance payment. When the borrower fails to repay the loan within the time limit, according to the regulations, the seller should repay the loan in advance, and after repaying the loan in advance, the seller will use this as an excuse to directly collect money from the borrower, even far exceeding the loan amount and occupying it;
2. Interception, misappropriation and occupation of bank loans returned by borrowers on the grounds of paying road maintenance fees;
3. Fictitious facts entrusted by the bank, directly collecting money from the borrower in the name of the bank;
4. Deceive the borrower and mislead the borrower to directly repay the seller based on the installment car purchase contract, and then take possession of it.
Problems needing attention when renting a car:
1, learn about the qualifications of car rental companies. If you want to rent a car from a licensed car rental company, don't choose a private car or a black car. Try to choose a company with good reputation and large scale.
Consumers should read the car contract carefully when renting a car. Understand the daily mileage limit and the charging standard after exceeding it, and it is best to use your own information advantage to incorporate unreasonable rules and hidden overlord clauses into the contract to avoid unnecessary losses;
3. Carefully understand the vehicle situation to prevent falling into the trap. When choosing to rent a car, you should fully understand the condition, brand, performance and documents of the vehicle;
(1) Check the old and new conditions of the vehicle, whether the performance is good or not, and whether there are any quality problems;
(2) Check the vehicle driving license, road maintenance fee payment voucher, whether it has passed the annual examination, and ask about the vehicle insurance situation, whether the compulsory insurance and commercial insurance vouchers are complete, and the insurance amount. Prevent some leasing companies from buying corresponding insurance in order to increase profits. If there is an accident, consumers can only pay the bill;
(3) Check the appearance of the car, such as whether there are scratches on the body, whether the lights are complete and whether the locks are normal;
(4) Open the hood to check the state of refrigerant, oil and battery;
(5) Enter the cab and check the working conditions of fuel gauge, ammeter, brake and air conditioner.
4. Make clear the rental price. Don't be greedy and cheap. Be sure to compare carefully to prevent some car companies from inviting private cars to join in order to save the cost of handling procedures and avoid related expenses. However, since the insurance company stipulates that private cars will not be compensated for participating in the operation on the road, consumers will still pay the bill in the event of an accident. Therefore, we must dike the price trap.
To sum up, taking the rented car as collateral obviously violates the car rental agreement and constitutes a crime of fraud, which needs to be punished according to the relevant punishment standards of fraud. The relevant laws have provisions on the punishment of fraud, which is generally determined according to the amount of fraud. If the amount of fraud is huge, resulting in a bad social impact, generally need to be severely punished.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.