Why to borrow with fraudulent means small borrow the money of the company to still do not go up, can you make crime?
Zhang Wanghong: Plead of crime of finance of big state of partner of office of counsel for the defence of financial crime case, wide strong attorney and golden tooth and research center director
Small finance company, common says small lend a company.
Be like the problem prime cause of caption content, the judicatory that depends on cognizance of civilian leasehold case explains, do not apply to for the leasehold behavior between individual and financial orgnaization?
" top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " " the folk that this the first regulation weighs is leasehold, it is to point to to its are reached between natural person, legal person, other organization mutual between the action that undertakes capital be in harmony is connected. The pursues loan business finance orgnaization that via finance superintendency department approval establishs reachs its branch, the dispute that because extend,the relevant banking business such as loan causes, not applicable this regulation. Not applicable this regulation..
Why to meet such?
The country has special protection to financial industry, body financial crime of fraud is medium now, constitute loan crime of fraud to be the bilk of the purpose with detinue namely, and although do not have detinue purpose, adopt diddle of civil and fraudulent means to borrow money, final because be cheated, manage risk of not good at, market to wait for those who bring about loan to cannot repay, can be maintained to be crime. Specific for, it is diddle loan blame. This is to was protection 2006 security of financial orgnaization capital is new the charge that create.
Accordingly, if you cheated financial orgnaization, even if do not have detinue purpose, can make crime. And if cheat,borrowed fund of blame finance orgnaization, exceed the time limit cannot repay, assume civil responsibility only at most.
In court of people of easy city county (2015) the word at the beginning of easy punishment in the 00105th judgment, the partner that the person such as Zong Zhiwen forges the company that collect Xin and company of 100 million dragon is met resolution, sign the false contract that rent a house handle the material such as the temporary residence permit, offer by 3 happy baby carrier assure, salt industry of Xiang Wu lake is small loan of application of loan limited company is aggregate 10 million yuan, loan time half an year. Later, 10 million yuan of loan turn into the individual bank account of Zong Zhiwen's couple respectively. Zong Zhiwen uses this loan at remanding to promote peaceful hock to Anhui of finite liability company, Yu Linfeng company expire loan. To case hair when, this loan did not remand. The person such as Zong Zhiwen is sentenced diddle loan blame.
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Zhang Wanghong compose on May 17, 2019
