Because the company produces management need capital
Company real operator forges file and seal
Obtain bank loan to amount to 24.2 million yuan with beguiling method for many times
The ability after on record is sent remands again loan principal 200 thousand yuan
A few days ago
Jimei court first instance tried this to have diddle loan a criminal case
Condemn defendant company fine 200 thousand yuan
Continue to pay loan principal more than yuan 4.06 million to the bank
Company real operator and the staff that help diddle loan obtain punishment 1 to 2 years
Punish gold 50 thousand reach 100 thousand yuan
Recently
Via cognizance of 2 careful court
The court decision rejects appeal of the accused person
Maintain original judgement
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Details of a case fast give
August 2015, xiamen because company of some rain gear produces management need capital, by its alias of real operator Sun Mou is Wu Mou, dummy its shed a company to exist to Xiamen something the main content of receivable Zhang money, to branch of some bank Xiamen application is obtained " recourse country selling party protects manage to give a letter " 10 million yuan. Be in afore-mentioned awarding during the letter, rain gear company came in November 2015 between April 2016, forge 7 times early or late " receivable Zhang money makes over advice note " wait for a file, make the false appearance that its transfer the receivable Zhang money that spreads a company to content the bank, the loan that applies for 24.2 million yuan to add up to to the bank from this. To obtain the credit of the bank, among them, the first loan November 2015 and the 5th loan March 2016, sun Mou or content of incite sb to do sth shed company staff Pan Mou to shed a company on behalf of content, use inside place of this firm office false " Xiamen something sheds a company " official seal, forge beforehand in Sun Mou " receivable Zhang money makes over advice note " wait for chapter of loan material upper cover, or Pan Mou of incite sb to do sth sheds a company on behalf of content, the bank is recieved to check the stuff of this loan material inside place of this firm office, part with this diddle bank 2.8 million yuan, 3.35 million yuan loan.
Because be opposite,the loan of a huge sum of company of this rain gear cannot call in, this bank classics is examined, the receivable Zhang fund that discovers company of this rain gear sheds a company to content is put in false circumstance, reported a case to the security authorities to public security mechanism in December 2016 then, hind Sun Mou, Pan Mou is seized by public security mechanism. Arrive after the case, sun Mou commits a crime for narrating the above-listed according to the facts fact; Pan some refus does not commit a crime for narrating the above-listed according to the facts fact. Up to on November 20, 2016, company of rain gear of before 5 loan already repaid captital with interest on schedule, 2 loan still have capital after more than yuan 4.26 million did not remand on time bank.
Sun Mou paraclete puts forward to defend the opinion thinks
Guilty amount of Sun Mou should be hind 6.65 million yuan of two facts, before 5 facts should be not maintained for crime, sun Mou is subjective go up and do not have apparent malign.
Pan Mou thinks
Its do not have affix one's seal, also had not recieved the staff member of this bank, the lid nutation in this record proof photograph is made, it is to place only take action. Pan Mou's paraclete puts forward to defend the opinion thinks: The object of the diddle loan blame of accusation is nonexistent, what case experience bank offers is the service that maintain put in order, not be loan; Case experience bank is nonexistent the case that be deceived, its itself is put in fault; What Pan Mou borrows money without diddle is subjective and intended, this case is the business that maintain put in order civil dispute.
The court thinks
Xiamen company of some rain gear obtains bank loan with beguiling method for many times, amount amounts to 24.2 million yuan, up to on November 20, 2016, cause this significant loss that gold cannot call in more than yuan 4.26 million to the bank, sun Mou regards the director that the accused unit is in charge of directly as personnel, pan Mou assists loan of bank of diddle of the accused unit to add up to 6.15 million yuan, the behavior of company of some rain gear, Sun Mou, Pan Mou already all formed Xiamen diddle loan blame. This case the first, the 5th crime is collective crime. Company of some rain gear, Sun Mou is in Xiamen of the accused unit main effect has in collective crime, it is prime culprit; Pan Mou has auxiliary effect in collective crime, it is accessary criminal, ought to punish lightly lawfully to its. After Sun Mou is brought to justice, offer according to the facts narrate criminality, to Xiamen of the accused unit company of some rain gear, Sun Mou all can be punished lightly lawfully. Xiamen of the accused unit remands again after hair of on record of company of some rain gear loan principal 200 thousand yuan, to Xiamen company of some rain gear, Sun Mou, Pan Mou all can take into consideration the circumstances is punished lightly.
On put together, the court makes first instance adjudicate then. Recently, via cognizance of 2 careful court, the court decision rejects appeal of the accused person, maintain original judgement.
[the judge that connect a line]
Case experience 7 loan, the principal and interest of before rain gear company had been paid off 5 loan, is the property about this case the feature that or of dispute of loan of civilian trade issue accords with diddle loan blame? To this, of this case undertake judge explanation says, diddle loan blame is to show with deceit the method acquires a bank accept of loan of orgnaization of other perhaps finance, bill, L/C, protect case to wait, to the bank orgnaization of other perhaps finance causes significant loss to perhaps have the action of other and serious clue. Maintain this case to make diddle loan crime, basically have the following two respects reason: On one hand the loan that unit of this case the accused and the accused person used beguiling method to acquire a bank, content of experience of counterproposal of the accused unit sheds a company and do not have due receivable payment for goods, sun Mou of the accused person, Pan Mou conspired to provide the false data that has receivable payment for goods; On the other hand, this case caused significant loss to the bank, although this case borrows money to had called in for the most part, but the loss that still has more than 4000000 yuan cannot call in, and even if the loan that before on record is sent, has called in, because company of rain gear of the accused unit does not have receivable payment for goods actually, the behavior of unit of reason the accused and the accused person still is had create great losing risk. On put together, ought to reach Sun Mou of the accused person, Pan Mou to conviction with diddle loan blame to the accused unit punishment.
