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How should the defendant be sentenced when he signs a contract to buy a mobile phone by installment and fails to pay the money later

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How should the defendant be sentenced when he signs a contract to buy a mobile phone by installment and fails to pay the money later


        

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  • 2024-06-14 17:00:04

    How should the defendant be sentenced when he goes to court after signing a contract to buy a mobile phone by installment and then fails to pay? The non repayment of mobile phones purchased by installment is a civil dispute. After the other party files a lawsuit and the court's judgment comes into effect, if he refuses to comply with the court's judgment, he will be detained, but generally will not bear criminal responsibility. The lawyer reminds you that you should be careful when signing a mobile phone installment contract: 1. Take the Apple 6s as an example of your own repayment ability. At present, the price of an Apple 6s mobile phone on the market is about 5000 yuan. When you choose to buy a mobile phone by installment, you first need to pay 40% of the price of the new Apple 6s, that is, 2000 yuan. The remaining 3000 yuan will be paid in six installments, each of which is 500 yuan. With 20% installment interest, the monthly repayment of principal and interest is about 600 yuan. Overall, the actual purchase price of this Apple 6s phone is 2000+3600=5600 yuan. The 20% installment interest mentioned above is the average interest rate of the industry, because businesses often charge students 30% or more installment interest. What is this concept? At present, in China, the highest annual interest rate for a loan to buy a car and a house is only about 5%, but students do not understand this. In order to quickly use high-end computers and brand computers, they always agree to businesses without hesitation. Secondly, if you can't pay the principal and interest on time after buying the machine, the merchant will ask you to pay extra, and your credit record will also be affected. Your credit record will be blacklisted by the bank. The more serious consequence is that the merchant will call the police and resolve the economic disputes between them through legal means. 5600 yuan is not an easy figure for most students. We often see some students working as machine slaves and providing mobile phones like house slaves, so they have to reduce their living expenses, or do part-time jobs, or even use the money reserved for meals. 2. The devaluation of mobile phones Many students will not feel a loss after buying mobile phones in installments, but feel that this purchase is very cost-effective because they are satisfied with their vanity. Is this really true? It's a very obvious truth. The mobile phone began to depreciate at the moment of starting. In addition, the speed of mobile phone upgrading has accelerated, and the new phones purchased will soon shrink significantly. At present, the market price of the second mobile phone of the Apple 6s is about 3000 yuan. The Macintosh purchased through formal channels has depreciated by 5000-3000=2000 yuan. In fact, the Macintosh purchased by installment has depreciated by 5600-3000=2600 yuan. That is to say, the students who bought mobile phones in this way paid 600+600=1200 yuan more than the normal channels.
    According to Article 111 of the Civil Procedure Law of the People's Republic of China, if a litigant participant or other person commits one of the following acts, the people's court may fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law: 1. forging or destroying important evidence to prevent the people's court from hearing the case; 2. Preventing witnesses from giving testimony by means of violence, threat or bribery, or instigating, bribing or coercing others to commit perjury; 3. Hiding, transferring, selling or destroying the property that has been sealed up or distrained, or the property that has been counted and ordered to be kept, or transferring the frozen property; 4. Insult, slander, frame up, beat or retaliate against judicial personnel, litigation participants, witnesses, interpreters, expert witnesses, inspectors or persons assisting in execution; 5. Obstructing judicial personnel from performing their duties by violence, threat or other means; 6. Refusing to perform a legally effective judgment or order of a people's court. The people's court may fine or detain the main person in charge or the person directly responsible of a unit that commits one of the acts specified in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. It is a civil dispute to buy a mobile phone by installment without repayment, and the parties can sue for repayment. After the other party files a lawsuit and the court judgment comes into effect, if he refuses to comply with the court judgment, he will be detained, but generally will not bear criminal responsibility.

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