Recreate the loan fraud case! The man used false financial reports, purchase and sales contracts and other fraudulent loans to the Bank of China, which has not been returned so far, bringing serious economic losses to the bank.
According to an award released by the China referee Writing website, Liu Mouhong in Anping County, Hebei Province, made use of the false financial statements of Anping County Jinxincheng Internet Industry Co., Ltd. (hereinafter referred to as "Jinxincheng Internet Industry"). The bank of China Hengshui Branch was sentenced to two years in prison.
However, in the course of the court hearing, Liu Mouhong defended that Liu Mouhong did not have the intention of deceiving bank loans and did not constitute the crime of fraudulently obtaining bank loans.
The man used the company's false financial report to defraud 5 million of the loan.
On September 26, 2016, Liu Mouhong signed a working capital loan contract with Bank of China Hengshui Branch in the name of the company, using false financial statements, evaluation reports, certificates of property rights of machinery and equipment, purchase and sale contracts, and mortgage equipment of Jin Xincheng. The loan amount is 5 million yuan, and the loan period is 12 months.
The loan is jointly and severally guaranteed by Anping Yunwei Metal mesh products Co., Ltd., and the personal unlimited joint liability guarantee is provided by Liu Mouhong's brother-in-law, Xie Mou and his wife Zhang Yunsu. Liu Mouhong's commercial stores valued at 260400 yuan provide mortgage guarantee and machinery and equipment valued at 3.184 million yuan provide mortgage guarantee. It is worth noting that the machine and equipment is actually owned by Anping Yunde Metal products Co., Ltd. (hereinafter referred to as "Yunde Company"). The false purchase and sales contract signed between Jin Xincheng Network Industry and Shenzhou Wanteng Metal equipment Co., Ltd.
After the loan expired, Liu Mouhong and Jin Xincheng Internet Industry and various guarantors failed to fulfill their repayment obligations. after Liu Mouhong repaid part of the interest, as of July 14, 2017, Jin Xincheng owed the Bank of China Hengshui Branch loan principal 5 million yuan, interest 187100 yuan, principal and interest totaling 5.1871 million yuan.
Bank of China Ltd. Shenzhou Branch wrote off the loan on March 29th, 2018. On November 4, 2019, Liu Hong surrendered to Shenzhou City and voluntarily confessed his crime after arriving at the case.
Does not constitute the crime of obtaining a loan by fraud? Court: there is obvious deception
In court, Liu Mouhong defended that his behavior did not meet the constitutive elements of the crime of fraudulently obtaining loans, and put forward four defense statements in court. From a subjective point of view, Liu Mouhong subjectively does not have the intention to defraud bank loans, and financial institutions are well aware of Liu Mouhong's use of other people's names for loans, and there is no misunderstanding, which does not conform to the causal relationship of fraudulent crime, and does not constitute the crime of swindling loans; objectively, Liu Mouhong did not cause heavy losses to financial institutions or have other serious circumstances. From the object point of view, combined with this case, Liu Mouhong does not have the behavior of disrupting the financial management order; from the subject point of view, Liu Mouhong is only one of the criminal subjects of this case.
In addition, Liu Mouhong and his defenders also said that the Bank of China Hengshui Branch of the financial institutions involved in the case violated the regulations to grant loans, which was a major fault.
In this regard, the people's Court of Shenzhou City, Hebei Province held that Liu Mouhong obtained bank loans by deceptive means, which caused heavy losses to the banks and undermined the financial management order, and his behavior constituted the crime of obtaining loans by fraud and should be punished in accordance with the law. With regard to the defender's opinion that Liu Mou-Hong did not constitute the crime of loan fraud, it was found that Liu Mou-Hong used Yunde company machinery and equipment instead of Jin Xincheng network machinery and equipment as collateral, and used false purchase and sales contracts, and so on, and his behavior was obviously deceptive, and the opinions argued shall not be accepted.
Finally, the court found that Liu Mouhong was guilty of fraudulently obtaining loans and sentenced to two years' imprisonment and a fine of RMB 100,000. Within three days after the verdict came into effect, Liu Mouhong refunded and compensated Bank of China Hengshui Branch for economic losses of RMB 5.1871 million.