With dispatch bank information on April 9, learn from net of juridical copy clerk, lu Hong recruits assistant manager of department of former credit of bank of spring farming merchant illegally public capital, break the law extend loan proposal, guangdong saves tall courtyard 2 careful change the original sentence is a set term of imprisonment 11 years.
Notable is, court of intermediate people of city of in relief river is when first instance, sentence Lu Hong set term of imprisonment to be 9 years. The Lu Hong after adjudging puts forward appeal to say measurement of penalty is overweight, at the same time public prosecution mechanism also puts forward counterappeal, think applicable law is wrong.
In January 2019, this case saves senior people court in Guangdong 2 careful are adjudged.
Draw public fund illegally 150 million
Judgment shows, rainbow of Lu of person of first trial the accused, male, was born in January 1980, the Han nationality, former assistant manager of department of credit of Inc. of commercial bank of department spring country, because this case was detained by criminal on March 31, 2015.
Via checking, because capital is in short supply,Xie Hangjun, Liu establishs Cheng, Liuyang, decision with 2% lead to the 5% monthly interest that differ, in Yang Jiang and other places of city, spring city absorbs capital to undertake fund raising illegally to social community. Rainbow of Lu of employee of bank of spring farming merchant suffers Xie Hangjun, Liu to establish Cheng entrust the introduction to collect money object, in addition, lu Hong still is Xie Hangjun to wait for a person to absorb capital to offer to social community assure, wait for a person to draw fund to social community for Xie Hangjun directly with his name.
According to statistic, come from January 17, 2011 on January 9, 2015, xie Hangjun 3 people add up to draw public fund 324 million yuan, to case hair before, have not remand amount is 162 million yuan. Introduce via Lu Hong among them, assure or absorb public capital amount to be 154 million yuan directly, there still are 94.08 million yuan to cannot remand when case hair.
Assistance is cheated borrow, break the law extend loan
In addition, during Lu Hong is holding the position of assistant manager of department of clerk of loan of spring farming commercial firm, business, did not press the case that provides use fund to fall after knowing perfectly well the person such as Xie Hangjun to borrow money, still assist diddle for many times loan, break the law extend loan.
The court is found out, came in January 2011 between June 2014, to pay the high specified number that collects money to the society interest, person and the spring such as Xie Hangjun farming business rainbow of Lu of bank credit ministry works in collusion, establish 6 " empty shell company " , contract of fictional and false purchase and sale, false accountant data, regard loan as main body with empty shell company, borrow money to the bank 15 in all capital 435 million yuan.
Offer according to Lu Hong narrate: Dealing with some beautiful, some hair, some sincere, when the some prosperous, brushstroke that some promotes He Mou to start company of 6 empty shell borrows money, without the regulation according to commercial bank law, the loan utility to borrower, repay means of ability, reimbursement undertake be checkupped strictly, the authority that also does not have pair of pawn is belonged to and value undertakes be checkupped strictly, also did not make according to the facts " loan findings report " , bring about loan to break the law extend.
Lu Hong expresses, "Regard business department as the assistant manager, I borrow money in the first time that knows perfectly well 6 afore-mentioned companies is to break the law extend, the clerk that still continues to help Liu establish Cheng, Xie Hangjun to contact spring farming trading company later handles the 2nd loan of these 6 companies, the loan examine and verify that signs to be not oneself is passed. The loan examine and verify that signs to be not oneself is passed..
9 years of change the original sentence after appeal are 11 years
On March 31, 2015, lu Hong goes to a criminal give himself up to the police of public security bureau of city of in relief river after announcement of phone of mechanism of classics public security.
Forensic first instance absorbs the public illegally with making deposit blame, commit diddle loan crime, sentence a set term of imprisonment 6 years respectively, 5 years, the decision carries out a set term of imprisonment 9 years, punish gold 150 thousand yuan.
Notice with dispatch bank, after first instance is adjudged, lu Hong's paraclete puts forward appeal to say, "It is accessary criminal that Lu Hong is admitting public deposit guilt illegally, do not make crime even, requirement change the original sentence reduces punishment. Additional, lu Hong is direct draw fund to specific relatives and friends, did not take the kind of open conduct propaganda when drawing fund, do not form admit public deposit guilt illegally. " at the same time, public prosecution mechanism also puts forward counterappeal, in thinking Lu Hong commits diddle loan crime, have confess one's crime clue mistake, and make the measurement of penalty that admits public deposit guilt illegally undeserved.
Guangdong saves senior people court 2 careful are maintained, first trial adjudicates cognizance fact is clear, evidence really, sufficient, rule the process is legal, maintain to Lu Hong confess one's crime reach the situation with undeserved measurement of penalty, give correct.
Court 2 careful change the original sentence: Lu Hong makes admit public deposit guilt illegally, sentence a set term of imprisonment 5 years, punish golden RMB 100 thousand yuan; Make break the law extend loan blame, sentence a set term of imprisonment 8 years, punish golden RMB 150 thousand yuan. Count a blame and punish, the decision carries out a set term of imprisonment 11 years, punish golden RMB 250 thousand yuan.
