Another model is cheated borrow case exposure! The near future, the book of one paper ruling of net of juridical copy clerk announced this to cheat borrow case detail: In November 2013, defendant company fiction, falsify engineering work contract, diddle bank gives letter amount 20 million yuan.
Savor " benefit " hind, this company old tactics is applied again, again diddle bank gives a letter 40 million yuan, and 7 projects that refer this to the bank contract contract, 4 all are dummy, forge, additionally money of project of triplet criterion make a false report is mixed receivable project money.
In the meantime, in the accountant forms for reporting statistics that this company provides to the bank, theory of receivable Zhang money adds amount to be as high as 127 million yuan.
Dummy contract diddle gives a letter 20 million yuanLimited company of service of construction of Hubei green source (the following abbreviation " green source company " ) held water in August 2010, change registered capital to be 10 million yuan 2011, real pay of ursine Taiyuan of the accused person registers capital 9.6 million yuan, hold 96% share, li Mou (of Xiong Taiyuan wife) real pay sth used to one's own advantage 200 thousand yuan, hold the share of 2% , sth used to one's own advantage of business batman real pay 200 thousand yuan, hold the share of 2% .
Scope of operations of green source company includes, be engaged in building a service to divide construction of engineering of project of bag, tunnel, cubic metro of earth and stone by intelligence letter. The legal representative is ursine Taiyuan of the accused person.
On November 5, 2013, green source company in order to pay a company money of each project material, realize subbranch of a bank to apply for the business giving a letter of n of 20 million yuan of bank acceptance greatly to Hubei bank.
Green source company offerred dummy, bogus engineering work contract to wait to realize subbranch of a bank to award a letter to judge greatly for Hubei bank check. This contract namely green source company and contract of GZTJ23 of high speed of bamboo of Hubei province cereal paragraph in the engineering work contract that reachs manger department of project of limited company of engineering of Sui of bridge of one fair bureau to sign.
In the meantime, green source company with " contract of GZTJ23 of high speed of bamboo of Hubei province cereal paragraph in join manger department of project of limited company of engineering of Sui of bridge of one fair bureau " not less than 50 million yuan receivable Zhang moneys make impawn assure.
After bank examine and verify, hubei bank realized subbranch of a bank and green source company to sign greatly " the agreement that give a letter " , the amount that give a letter is 20 million yuan, 12 months are during giving a letter, stop to January 2, 2015 since January 3, 2014.
Empty increases receivable Zhang fund 127 million yuanAnd here second fiction, after forging engineering work contract to succeed, green source company " stock trick is applied again " .
On December 21, 2014, green source company realizes subbranch of a bank to apply for 40 million yuan of business that give a letter greatly to Hubei bank again (its midstream moves capital to borrow money 20 million yuan, forehead of bank acceptance n spends 20 million yuan) . This reason is, project of tunnel of brook of hole of Lu of Cheng Jiangui city and construction of project of tunnel of big level ground need capital.
To obtain loan, the identity that green source company referred Wu of rules of card of code of origanization construction of legal person business charter, legal person, company, duty to register card and each partner to the bank, take the basic case such as a scale, the management case that referred the financial forms for reporting statistics such as statistics of accountant forms for reporting statistics, fixed assets to reflect green source company at the same time and receivable Zhang money wait for a circumstance more than yuan 24000. Referred 7 to the bank bear the engineering contract that propose.
Notable is, contract with 7 projects that give a letter at examine and verify in the contract, check of classics of 4 engineerings contract all is fiction, bogus contract; In the meantime, additionally money of project of make a false report of triplet engineering contract is mixed receivable project money.
Additional, money of receivable Zhang of indication company of the balance sheet that green source company realizes subbranch of a bank to refer greatly to Hubei bank and accountant forms for reporting statistics more than yuan 24708, and money of actual and receivable Zhang is the company more than yuan 12000.
On December 23, 2014, after Hubei bank realizes subbranch of a bank to investigate an analysis greatly, think green source company up to by October 2014, company assets total five hundred and twenty million eight hundred and fifty thousand yuan, possessory rights and interests four hundred and twelve million seven hundred and seventy thousand yuan, business income five hundred and thirty-two million three hundred and thirty thousand yuan, net profit 65.71 million yuan, risk limitation is three hundred and seventy-four million eight hundred and twenty thousand yuan, for Hubei bank class A, support kind admittance client, management case is good, have certain reimbursement capacity, integrated return rate is higher, agree to deal with green source company to award letter forehead integratedly to spend 40 million yuan (specified amount of circulating fund loan spends 20 million yuan, forehead of bank accept n spends 20 million yuan) , give letter time 1 year.
This awarded a letter to increase to assure, provider line of business of You Zhongxiang company uses a room on mortage assure. Branch of feeling of filial piety of classics Hubei bank awarded a letter to evaluate commission approval on December 30, 2014.
After obtaining the forehead that give a letter to spend, on January 8, 2015, green source company and Hubei bank realized subbranch of a bank to sign greatly " contract of circulating fund loan " , loan amount 20 million yuan, loan time limit is a year.
On January 12, 2015, green source company goes with paying Hubei the name of money of trade company steel products, realize subbranch of a bank twice to file money order of 20 million yuan of accept greatly to Hubei bank. Green source company adds up to accept bill of exchange through other company discount more than yuan 38.84 million, still spend bridge earnest money 20 million yuan hind, green source company uses more than yuan 18.84 million actually.
Security reports a case to the security authorities send come to the lightOn August 23, 2016, award a letter to offer for green source company those who assure is medium auspicious company reports a case to the security authorities suddenly.
Auspicious company legal representative rebukes Jin Tang says in, xiong Taiyuan of legal representative of green source company asks its are Hubei bank to realize subbranch of a bank greatly 40 million yuan of forehead that give a letter is spent offer assure. As the condition, the half that after ursine Taiyuan acceptance obtains loan, will borrow money namely 20 million yuan preferential auspicious company is paid in be being offerred use. But after rebuking Taiyuan realizes subbranch of a bank to obtain 40 million yuan of loan greatly in Hubei bank, collect fund the account that assigns into Xiong Jintang without according to agreement.
After Xiong Jintang knows this condition, put forward to ask to fulfil bilateral agreement to Xiong Taiyuan namely, but Xiong Taiyuan did not fulfil this agreement. The big public security bureau that realize a county decided on October 18, 2016 to diddle of green source company loan record put on record is investigated.
In addition, after loan of the loan of 20 million yuan of circulating fund that green source company realizes subbranch of a bank greatly in Hubei bank, n of 20 million yuan of bank acceptances expires respectively, green source company fails to repay on time loan principal and interest.
On June 14, 2017, put on record of court of intermediate people of city of feeling of Hubei province filial piety accepted accuser Hubei bank to realize subbranch of a bank to accuse company of the accused green source, Xiongtai is former, Li Mou, medium greatly dispute of contract of loan of auspicious company finance one case, made on April 12, 2018 (2017) another name for Hubei province 09 civilian first 82 civil judgments.
Company of adjudicative green source repays Hubei bank realizes subbranch of a bank greatly 20 million yuan loan principal and interest, repay money advanced for sb to be paid back later of loan of n of accept bill of exchange reachs accrual 19889222.64 yuan; Hubei bank is big the house property that in realizing subbranch of a bank to be opposite, auspicious company uses at guaranty is enjoyed inside 48 million yuan ceiling preferential authority sufferring countervail sentence.
The accused appeal says " cheat a bank without ability "Forensic first instance thinks, the management of green source company with dummy engineering contract and enterprise of make a false report the beguiling method such as the state, the specified number giving a letter that gets a bank is spent, and diddle bank borrows money 20 million yuan, accept bill of exchange 20 million yuan, encroached a bank to run a system to the credit of the droit of loan and national finance orgnaization, make the capital of a huge sum of the bank is immersed in huge risk, belong to the other and special serious clue that criminal law provides, the behavior of green source company already made diddle loan crime.
Xiong Taiyuan regards green source as the legal representative of the company, in diddle loan process arrangement company staff provides false data, loan of specific agency is relevant matters concerned, it is the director staff that is in charge of directly, the behavior that answers loan of diddle of green source company assumes corresponding criminal responsibility, its behavior also makes diddle loan crime.
Ursine Taiyuan appeal says, one, I did not cheat a bank, I also cheat a bank without ability. 2, I do not form other and special serious circumstances. Green source company offers same a:appellant reason.
2 careful court thinks, the fact that original judgement holds is clear, evidence really, sufficient, conviction accurate, measurement of penalty is proper, rule the process is legal. Reject appeal, maintain original judgement, court decision: One, limited company of service of construction of Hubei green source commits diddle loan crime, sentence fine RMB 100 thousand yuan. 2, Xiong Taiyuan commits diddle loan crime, sentence a set term of imprisonment 5 years, punish golden RMB 20 thousand yuan.
Daily economy news
