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一纸终身禁业罚单牵出400万“借款周转”案,西安银行一支行行长卷入,有法院认定涉嫌经济犯罪

A lifetime prohibition on business operations has revealed a 4 million "loan turnover" case, involving the branch manager of Bank Of Xi'An, with a court determining the suspicion of economic crimes.

cls.cn ·  Dec 11, 2024 11:17

On December 10, the official website of the National Financial Supervisory Administration disclosed that Qin Jiang, the then president of the Bank Of Xi'An Health Road branch, was banned for life due to "violations in Crediting Business and inadequate management of employee behavior." The Dali County People's Court in Shaanxi Province found that the four defendants evidently had suspicions of economic crimes, and based on relevant regulations, since the actions in this case are suspected of economic crimes, it should rule to dismiss the prosecution and transfer the related criminal materials to the public security authorities.

On December 11, Financial Association reported (reporter Peng Kefeng) that on December 10, the official website of the National Financial Regulatory Administration disclosed that Qin Jiang, the then president of the Health Road branch of Bank Of Xi'An, was banned for life from engaging in Banking work due to "violations of Crediting Business and inadequate management of employee behavior."

Financial Association reporters discovered that Qin Jiang had long been involved in multiple lawsuits and was accused of covering up the company's bad loans by transferring others' 4 million deposits to "balance the accounts" and later providing guarantees, but the subsequent results have not been disclosed.

The president of a branch of the Bank Of Xi'An is involved in a 4 million "loan repayment" case.

According to relevant documents, Qin Jiang, male, Han ethnicity, born in 1965, was originally the president of the Health Road branch of Bank Of Xi'An. Wang, a resident of Shenmu County, sued in court claiming that on March 31, 2016, because the loan account he managed, Shaanxi Defei New energy Fund Technology Group Co., Ltd. (hereinafter referred to as Defei Company), could not repay the due bank interest, to avoid adverse effects caused by a delay, Qin Jiang called to inquire whether he could borrow 4 million yuan for Defei Company for transfer.

Wang claimed that he had never known the DeFei company or its legal representative Jia Feixiang before, and he was out of town at that time, with both his bank card and ID card with him. However, since he and Qin Jiang are from the same hometown, he said they could discuss the related procedures after Qin returned. But because the interest on the loan would be past due if not repaid, under the direction and arrangement of then president Qin Jiang, with the authorization of the accounting supervisor Cai Jie at that time, the Bank Of Xi'An Health Road branch directly used a special transfer debit voucher to transfer 4 million yuan from his personal Account to the DeFei company.

After returning to Xi'an, he found that the funds had already been transferred. In desperation, he asked then president Qin Jiang to have the payee write an IOU and other procedures, and Qin Jiang personally guaranteed on the IOU to ensure repayment within 15 days. However, to this day, the amount has not been repaid. Defei Company has already applied for bankruptcy and has no ability to repay.

A court has determined that the "lending case" is suspected of economic crimes, and the borrower's lawsuit against the branch has been dismissed.

It is understood that in order to recover this debt of 4 million, Wang has continuously initiated lawsuits. In 2019, Wang first requested Defei Company to repay the loan of 4 million yuan; Jia Feixiang, Li Zhenxing, and Qin Jiang bear joint liability.

The People's Court of Dali County, Shaanxi Province, upon review, determined that in March 2016, Qin Jiang was the president of the Health Road branch of Bank Of Xi'An, and Jia Feixiang was the legal representative of Shaanxi Defei New energy Fund Technology Group Co., Ltd. On March 31 of that year, Qin Jiang requested Wang to lend money to Shaanxi Defei Company on the grounds that Defei Company was repaying interest to Bank Of Xi'An. After Wang verbally agreed, Qin Jiang transferred the plaintiff's 4 million yuan to Defei Company's Account through a special transfer method without Wang's presence. Although Defei Company later issued a promissory note to Wang, backed by guarantees from Jia Feixiang, Li Zhenxing, and Qin Jiang, it has not been repaid for several years, and Jia Feixiang and Li Zhenxing are unreachable, with Defei Company also applying for bankruptcy. The four defendants clearly have suspicions of economic crimes. According to relevant regulations, the actions in this case are suspected of economic crimes; thus, the case should be dismissed, and related criminal materials should be referred to public security agencies.

In November 2022, the first instance result of the civil case regarding the savings deposit contract dispute between Bank Of Xi'An Co., Ltd. Health Road branch and Wang was made public. It is worth noting that during the trial, Wang claimed that he had repeatedly contacted the Bank Of Xi'An over the past seven years to handle the matter, but the bank requested him not to assert his rights through various means during the crucial period of the bank's listing in the first two years. However, seeing that Defei Company has already gone bankrupt and the recipient of the funds is completely unable to repay, the branch involved should bear compensation liability for its irregular operations.

The Yanta District People's Court of Xi'an indicated that after the trial, it was found that on March 31, 2016, 4 million yuan was transferred from Wang's Account to Defei Company. Defei Company later issued a promissory note to the plaintiff, Wang Wenming. Wang claims that his ID card and bank card were not present when the transfer was made and has not provided evidence to prove this.

The Yanta District People's Court of Xi'an believes that in this case, Wang's claim that the branch involved should compensate him for his losses must be substantiated by evidence proving that the latter breached the savings contract and that this breach directly led to his loss of interest. Since both parties explicitly agreed that the withdrawal method when opening a personal bank settlement Account was 'with password', and Wang has no evidence to prove that his bank card was physically present but not at the scene during the incident, the transfer transaction in question cannot occur without Wang providing the password and bank card. The evidence presented by Wang cannot prove that the branch is liable for breach of contract, and he should bear the legal consequences of not providing sufficient evidence. Overall, Wang's claim for loss compensation from the branch has no factual or legal basis, and this court does not support it.

Journalists from the Financial Association discovered that Qin Jiang was also involved in litigation cases with microloan companies. According to relevant documents, on June 4, 2012, Shenmu County Guangda Small Loan Co., Ltd. (referred to as Guangda Company) signed a guarantee loan contract with borrower Niu Zhenrong and guarantors Qin Jiang (whose identity is clearly stated as the head of the Bank Of Xi'An Health Road branch), Liu Hainan, Jiao Linjun, and Liu Qin. This contract stipulated that Guangda Company would issue a short-term loan of 5 million yuan to Niu Zhenrong for turnover, with a borrowing interest rate of 12.6% per month. After the loan term expired, Niu Zhenrong did not repay the loan, and Guangda Company sued to demand repayment from Qin Jiang and others. In 2016, the Intermediate People's Court of Xi'an City, Shaanxi Province, after trial, supported Guangda Company's claim, ordering Qin Jiang to pay back the loan principal of 5 million yuan and interest.

The translation is provided by third-party software.


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