Borrow from silver-colored bunco is there many simple?
A few cheater, rely on companies of 20 thousand yuan of a when buy so called imports and exports, forged report of contract, financial forms for reporting statistics, audit to wait a moment, still forged 7 countries commerce contract, from Luoyang silver bunco was borrowed 126 million.
During Luoyang bank asks to increase pawn, stock trick is applied again, for bait diddle with loan financing pawn of tripartite company is loan to offer assure, involve fund 200 million yuan.
How accomplish? Judgment of criminal of a 2 careful disclosed web of juridical copy clerk everything.
Luoyang bank is cheated to borrow 126 million yuan
Juridical copy clerk shows, came in July 2014 during December, the person such as Ai Youze with Ai Youze name of limited company of Hardy imports and exports and Luoyang bank sign actual pilot Henan to award agreement of letter contract and discount of exporter trade bill and highest forehead integratedly to assure, guaranty contract, apply for 150 million yuan to export detain to collect project loan to award letter RMB.
How cheat? All material that file loan are fabricated.
It is false contract.
Ai Youze uses his company of actual pilot foreign trade falsifies false export trade contract, incite the accused person Hong Mou is firm arrangements of loan of as specific as Luoyang bank connection
2 it is the holiday declares at customs data: Hairpiece ticket, holiday carries carry sheet, false customs declaration
In Xie Jiang shedding, Lin Mou armour is offerred declare at customs phonily data, next by Hong Mou the data such as the will false contract, bill, sheet that promote use, customs declaration refers firm, Zhang Mou China and bridge contain cereal bank examine and verify, and clerk of bank of Xiang Luoyang of You Lianghan cereal explains international trade circumstance
3 it is report of false financial report forms, false audit
During loan gives a letter, wu Mou musical instrument, Zhang Mou China, Wang Mou is clever wait for a person to falsify the data such as report of false and financial forms for reporting statistics, false audit
4 it is diddle 200 million pawn is offerred for loan assure
During Luoyang bank asks to increase pawn, ai Youze, Hong Mou is firm wait for a person to hide the fact, it is bait with loan financing, company of the world of diddle Fujian bamboo offers pawn (evaluate value to be a RMB 200, 993, 900 yuan) offer for loan assure.
5 it is the goods sale contract that falsifies 7 countries to sign
In October 2014, ai Youze incites Hong Mou of the accused person Wang Mou of musical instrument of firm, Wu Mou, Zhang Mou China is clever according to different division of labor, with Henan bank of Xiang Luoyang of name of limited company of Hardy imports and exports issue the goods that related to 7 countries such as the United States, France, England the company signs to sell the bill of contract, purchase and sale, ship that deliver goods after the relevant and false data such as customs declaration of carry bill of lading, custom, provide company of credit insurance of Chinese imports and exports again (the letter in abbreviation protects a company) the issued exit credit insurance that delivers goods receipt
Finally, luoyang bank is settlement of exchange of pen of 20634880 dollars cent the RMB 126, 411, 617.37 yuan of loan extend to borrow money to limited company of Henan Hardy imports and exports account.
Luoyang bank extends after loan, in waiting for a person to be in, Ai Youze believes the client outside Gou Xuanguo of the system on insurer net to already paid option, insurance company is believed to absolve in making assure responsibility, wu Mou musical instrument uses net silver to be held remotely accuse to use loan at remanding loan of bank of etc of others borrow or lend money, turn into related company account to wait, loan is used at alleged international foreign trade without any capital.
Companies of 20 thousand yuan of bought imports and exports
It is platform of a loan actually
Is Ai Youze actual a what kind of company is limited company of imports and exports of pilot Henan Hardy?
Juridical copy clerk shows, limited company of Hardy imports and exports was Henan was July 2012 portion left and right sides, by Ai Youze contributive 20 thousand yuan of intermediary place that manage through acting office are bought.
Ai Youze fastens this company to control a person actually, liu Yi fastens this company legal person, do not attend a company to be managed actually, liu some armour fastens this company general manager, responsible corporation manages daily, zhang Mou China is in charge of the finance affairs of the company, also share day-to-day management at the same time.
The specific work of this company regards loan as platform namely, never had begun foreign trade professional work.
On October 10, 2015, zhang Mou of the accused person China in did not get interrogatory, was not adopted when coercive measures, advocate a criminal give himself up to the police of mechanism of tendercy public security, offer according to the facts narrate its basically commit a crime fact.
Employee casts aside clear impact in succession
2 try badlier
Court of first instance thinks, hong Mou musical instrument of firm, Wu Mou, Zhang Mou China, Wang Mou is clever suffer Ai Youze to incite, disobey accept of loan, bill to administer a regulation, obtain bank loan in order to cheat a method, the clue is particularly serious, its behavior already made diddle loan crime, and the department commits a crime jointly.
The court thinks, person of 4 the accused suffers Ai Youze to incite, the criminality that executive diddle borrows money, secondary or auxiliary effect have in collective crime, the department is accessary criminal, lawfully ought to light or reduce punishment. Zhang Mou China arrives actively a criminal give himself up to the police of public security mechanism, commit a crime for narrating according to the facts fact, the department confesses his crime, can punish lightly lawfully.
The property of the fact that commits a crime according to person of 4 the accused, crime, clue and the harm degree to the society, admit one's guilt contrition manner:
Adjudicate Hong Mou of the accused person just committed diddle loan crime, sentence a set term of imprisonment 3 years 6 months, punish gold fifty thousand and ten yuan;
Musical instrument of Wu Mou of the accused person commits diddle loan crime, sentence a set term of imprisonment 3 years 6 months, punish gold fifty thousand and ten yuan;
Zhang Mou of the accused person China commit diddle loan crime, sentence a set term of imprisonment 2 years 6 months, punish gold 100 thousand yuan;
Wang Mou of the accused person is clever commit diddle loan crime, sentence a set term of imprisonment 2 years, probation 3 years, punish gold 60 thousand yuan.
But, hong Mou musical instrument of firm, Wu Mou, Zhang Mou China refuses to obey, put forward to appeal.
Hong Mou's firm paraclete thinks Hong Mou just did not have the purpose of detinue, did not make meaning contact jointly with the person such as Ai Youze, and the loan that this case involves has guaranty to assure assure with credit, luoyang bank did not get actual loss, hong Mou just did not make loan crime of fraud and diddle loan crime.
Musical instrument of person Wu Mou says its did not carry out the behavior that falsifies the loan data such as report of false and financial forms for reporting statistics, audit, without the purpose of detinue, do not make loan crime of fraud and diddle loan crime.
The paraclete of Wu Mou musical instrument thinks Wu Mou musical instrument is according to the boss Ai Youze's directive undertakes Zhang is operated turning, its do not have the purpose of detinue, this case should belong to unit crime, and the employee that Wu Mou musical instrument is not Henan Hardy company, also prove without evidence Wu Mou musical instrument participated in the behavior that falsifies financial forms for reporting statistics and audit report, and the report that this case has enough pawn and tall courtyard, luoyang bank did not suffer actual loss, request 2 careful to be punished lightly to Wu Mou musical instrument.
Zhang Mou China says its are not company financial staff, without detinue purpose, do not make loan bilk and diddle loan crime.
The paraclete of Zhang Mou China thinks in this case Luoyang bank did not get loss, what Zhang Mou China borrows money without diddle is intended, have confess one's crime clue, suggest to be punished lightly.
2 careful court thinks, musical instrument of firm, Wu Mou, Zhang Mou China reachs Hong Mou Wang Mou of person of first trial the accused is clever wait for a person to suffer Ai Youze to incite, disobey accept of loan, bill to administer a regulation, obtain bank loan in order to cheat a method, the clue is particularly serious, its behavior already made diddle loan crime. In collective crime, musical instrument of firm, Wu Mou removes Hong Mou main effect, department prime culprit.
Musical instrument of firm, Wu Mou, Zhang Mou China reachs Hong Mou its identify the person puts forward to was not participated in falsify false loan data and audit report, luoyang bank did not suffer actual loss, do not form the opinion of diddle loan blame, via checking Hong Mou of the accused person of musical instrument of firm, Wu Mou, Zhang Mou China all confirm its for narrating the loan data department that to Henan the company refers Hardy to Luoyang bank is forged is known perfectly well, and the requirement that Luoyang bank is to make diddle loan crime whether actual by the loss, because this should appeal,reason cannot hold water.
Original judgement holds a fact clear, evidence is qualitative and really sufficient, accurate, but person of each the accused attributes this record guilty clue is particularly serious, first instance measurement of penalty slants light, should grant to correct.
Finally, 2 careful court adjudges:
Hong Mou just committed diddle loan crime, sentence a set term of imprisonment 6 years, punish gold fifty thousand and ten yuan;
Wu Mou musical instrument commits diddle loan crime, sentence a set term of imprisonment 5 years, punish gold fifty thousand and ten yuan;
Zhang Mou China commits diddle loan crime, sentence a set term of imprisonment 3 years 6 months, punish gold 100 thousand yuan;
Wang Mou of person of first trial the accused is clever commit diddle loan crime, sentence a set term of imprisonment 3 years, punish gold 60 thousand yuan.
