TogetherbankThe details of the typical case of fraudulent loans were exposed.
Hubei Luyuan Construction Labor Service Co., Ltd. ("Lvyuan Company") and its legal representative Xiong Mouyuan, defrauded HubeibankThe Xiaogan City Dawu Sub-branch loan of 20 million yuan and the acceptance bill of 20 million yuan were pronounced in the second instance of the Xiaogan City People's Court in Hubei Province in March this year, welcoming the final ruling.
Recently, the Chinese referee paper network disclosed the details of the case.BrokerChinese reporters have noticed that Luyuan’s case of defrauding loans is typical. In order to obtain 40 million credits, it has inflated about 130 million accounts receivable, and seven projects for mortgages.contractIt is also fabricated out of thin air.
However, it is worth noting that Xiong originally argued in court that "I did not deceive.bankI also have no ability to deceivebankDoes not constitute other particularly serious circumstances. In the end, Luyuan Company and Xiong Mou were all punished for fraudulently obtaining loans. Xiong was originally fined 20,000 yuan and was sentenced to five years in prison.
Defrauding 40 million "planning": fictional 7 contracts and 100 million accounts receivable
In order to "borrow new and old" and get morebankWith the loan quota, Luyuan started a careful plan.
According to reports, Luyuan was established in August 2010. In 2011, the registered capital was changed to 10 million yuan. Xiongmou paid the registered capital of 9.6 million yuan, accounting for 96% of the shares. Li (the wife of Xiongmou) paid the capital. 200,000 yuan, accounting for 2% of the shares, the business of a soldier paid 200,000 yuan, accounting for 2% of the shares. The company's business scope: with the qualification certificate for construction labor subcontracting, tunnel engineering, earth and stone works construction, the legal representative is the defendant Xiong Mouyuan.
In the referee paper case, Luyuan Company and HubeibankThe first credit of Dawu Sub-branch occurred in November 2013, and Luyuan Company paid Hubei for the payment of materials for each project.bankDawu Sub-branch applied for 20 million yuanbankThe credit business of the acceptance of the bill of exchange.
Luyuan Company provided a project labor contract signed by the fictitious and forged Luyuan Company and the project manager of the GZTJ23 contract section of the Guzhu Expressway in Hubei Province.bankDawu Sub-branch credit evaluation, and the "Project Manager of the Bureau of Bridge and Tunnel Engineering Co., Ltd. of the GZTJ23 Contract Section of Guzhu Expressway in Hubei Province" has no less than 50 million accounts receivable.Pledgeguarantee.
BybankAfter the review, HubeibankDawu Sub-branch and the defendant unit Luyuan signed a “credit agreement” with a credit amount of 20 million yuan and a credit period of 12 months, from January 3, 2014 to January 2, 2015.
Seeing that the one-year 20 million credit is about to expire, Luyuan seems to be unable to repay. In mid-December 2014, Xiongmou thought again from Hubei.bankBorrow more money to pay off old books and ease liquidity problems.
On December 21, 2014, Luyuan Company went to Hubei for the construction of the Ludongxi Tunnel Project in Guizhou and the construction of the Daping Tunnel Project.bankDawu Sub-branch applied for 40 million yuan of credit business (including working capital loans of 20 million yuan,bankThe acceptance of the bill of exchange is 20 million yuan), in order to obtain the defendant’s unitbankSubmitted the legal person business license, legal person organization code certificate, company charter, tax registration certificate and eachshareholderThe basic status of the defendant, such as the identity and share ratio, and the accounting statements, fixed assets statistics, etc.Financial StatementsReflecting the operation of the defendant's unit and the accounts receivable of 240 million yuan.
In addition, Luyuan has submitted seven contracts for so-called construction.
Afterwards, relevant agencies found that Luyuan Company submitted to HubeibankThe seven engineering contracting contracts used by Dawu Sub-branch for the review of credit grants include at least four projects including the contract for the Daping Tunnel Project signed by the Project Manager of the No. 2 Section of the Inter-Guangzhou Expressway Bridge and Tunnel Company. The contract was verified as a fictitious and forged contract, and Luyuan Company will falsely report the construction cost and the receivables for the other three engineering contracts.
In addition, Luyuan Company is to HubeibankThe balance sheet and accounting statements submitted by Dawu Sub-branch Loan show that the company's accounts receivable are more than 240 million yuan, and the actual accounts receivable of the company is more than 120 million yuan.
One-month customs clearance
In fact, although Luyuan provided financial statements reflecting the amount of RMB 240 million in receivables and seven engineering contract orders of RMB 100 million,bankThe aspect still needs real collateral as a guarantee.
As a result, the company that was “pushed down” by Luyuan Company appeared.
It is understood that in mid-December 2014, Xiong was originally obtained.bank40 million yuanCredit, many times found the legal representative of Zhongxiang company Xiong, to Luyuan company in HubeibankDawu Sub-branch has a credit line of 40 million yuan, but it requires collateral to issue loans. A negotiation agreement was reached on January 3, 2015. That is, Luyuan Company has to obtain 40 million loans but no collateral, and Zhongxiang Company is willing to provide real estate and other collateral. After cooperation, Luyuan Company will obtain half of the 40 million loan portion, that is, 20 million, and will give priority to Zhongxiang Company.
Subsequently, on January 4, 2015, Zhongxiang Company went to HubeibankDawu Sub-branch issued a "Commitment Letter", promised to use the property located at No. 206, Jianxin Street, Chengguan Town, Dawu County, as the Luyuan Company to Hubei.bankDawu Sub-branch applied for credit to provide mortgage guarantee. If the credit business expires, Luyuan Company will not be able to repay Hubei on time.bankDawu Sub-branch Loan Fund, Zhongxiang Company is willing to assume joint and several liability to use the collateral to pay off the loan.
On January 6, 2015, Zhongxiang Company and HubeibankDawu Sub-branch signed the "Maximum Mortgage Contract", Zhongxiang Company will be registered under its name in the commercial building of No. 1-2, Jianxin Street, Chengguan Town, Dawu County (the housing rights number is 20××65, 20× respectively) ×91, the construction area is 2204.56m2, 2247.77m2, and the value of the mortgaged property is 43.3114 million yuan, 220.07 million yuan respectively, mortgaged to HubeibankDawu Sub-branch, for Luyuan Company in HubeibankDawu Sub-branch’s loan of 40 million yuan provides mortgage guarantee, and the ownership of the above-mentioned mortgaged property has been registered for the ownership of the mortgage. The maximum limit of the guarantee liability is 48 million yuan.
InbankIt seems that Luyuan seems to be a quality customer and has the guarantee of Zhongxiang Company, Hubei, December 30, 2014.bankThe Judging Committee of Xiaogan Branch approved the application for credit of 40 million yuan from Luyuan Company.
On January 6, 2015, Luyuan Company and HubeibankDawu Sub-branch signed a "credit agreement", stipulated that: Luyuan Company maybankThe application credit line is RMB 48 million, and the credit line can be used for issuance, foreign currency loans, acceptance of commercial drafts, and the credit period is 3 years, from January 6, 2015 to January 6, 2018, and the mortgagor is Zhongxiang Company. .
This means that Luyuan, a source company, has planned 40 million loans from mid-December 2014 to Hubei.bankIt is only less than a month to approve the credit, and the efficiency is not high.
The guarantee company "anti-water" east window incident
The brokerage Chinese reporter noticed that after obtaining a credit of 48 million yuan, Luyuan finally applied for a total of 40 million yuan of liquidity loans andbankAcceptance of bills of exchange for open exchanges.
Specifically, the first one occurred on January 8, 2015, Luyuan Company and HubeibankDawu Sub-branch signed the "Living Capital Loan Contract" with a loan amount of 20 million yuan and a loan term of one year. From January 8, 2015 to January 8, 2016, the loan is for payment materials, fixed.interest rate7.84%.
In fact, after the 20 million yuan loan went through the green source company, it returned to the account of Luyuan Company in Hubei Dawu Sub-branch for repayment on January 3, 2014 in Hubei.bankThe Dawu Sub-branch’s 20 million yuan acceptance bill was opened.
The second occurred on January 12, 2015, and Luyuan Company paid Hubei’s name for the steel section of Hubei Zhengzheng Trading Company to Hubei.bankDawu Sub-branch applied for a 20 million yuan acceptance bill twice.
On the same day, Luyuan Company and HubeibankDawu Sub-branch signedbankAcceptance Agreement, then, Luyuan Company transferred two pens totaling 20 million yuan to HubeibankDawu Sub-branch (10 million yuan each) is used as the deposit for the acceptance bill. Hubei, January 12, January 13, 2015bankDawu Sub-branch uses the drawer as the Luyuan Company, and the payee is the Hubei Xingzheng Trading Co., Ltd. to issue 20 million yuan, 15 million yuan, 5 million yuan, and a total of 40 million yuan of acceptance bills. Luyuan Company discounted the acceptance bills through other companies for a total of 38.84 million yuan. After crossing the bridge guarantee of 20 million yuan, Luyuan actually used 18.84 million yuan.
The clues to the earliest outbreak of Luyuan’s fraudulent case were not frombankHowever, it comes from the “anti-water” of “Partner” Zhongxiang Company, because Luyuan Company did not keep its promise and did not share the credit line of 20 million to Zhongxiang Company.
On August 23, 2016, Xiong, the legal representative of Zhongxiang Company, reported to the Dawu County Public Security Bureau that the legal representative of Luyuan Company, Xiong Mou, originally requested it as Hubei.bankDawu Sub-branch provided a guarantee of 40 million yuan credit line. As a condition, Xiongyuan promised to give half of the loan, that is, 20 million yuan, to Zhongxiang Company for paid use after obtaining the loan. On January 8, 2015, Xiong was originally in Hubei.bankAfter Dawu Sub-branch obtained a loan of 40 million yuan, it did not remit the funds into the designated account of Xiong. After Xiong knew this situation, he immediately asked Xiong Mou to fulfill the agreement between the two parties. However, Xiong Mou did not fulfill the agreement. On October 18, 2016, the Dawu County Public Security Bureau decided to file a case against Lvyuan.
The guarantee company found that the time of “being pitted” has been one year and 10 months since Lvyuan’s loan time.bankIt is even more "post-knowing", and it will be sued in court two years later.
Because Luyuan Company to HubeibankThe 20 million yuan working capital loan applied by Dawu Sub-branch, 20 million yuanbankAfter the expiration of the acceptance bills, the Luyuan Company failed to repay the principal and interest of the loans on time.bankProsecuted to the court.
On June 14, 2017, the Intermediate People's Court of Xiaogan City, Hubei Province accepted the case of the plaintiff Hubei.bankDawu Sub-branch sued the defendant Luyuan Company, Xiong Moyuan, Li Mou, and Zhongxiang Company for a financial loan contract dispute.
"I didn't cheatbankAnd have no ability to deceivebank”
On July 24, 2018, the Dawu County People's Court of Xiaogan City, Hubei Province conducted a first-instance judgment, and sentenced Luyuan Company to a fine of RMB 100,000 for fraudulently obtaining a loan; sentenced the defendant Xiong to a five-year imprisonment and fined RMB 20,000. yuan.
The court held that the defendant unit Luyuan Company obtained fraudulent means such as fictitious engineering contracts and false reporting of business conditions.bankCredit line and defraudbank20 million yuan in loans and 20 million yuan in acceptance bills, infringedbankOwnership of loans and credit management systems of national financial institutionsbankThe huge amount of funds is in great danger, and it is other particularly serious circumstances stipulated by the Criminal Law. The behavior of the defendant unit Luyuan Company has constituted the crime of fraudulent loans.
The defendant Xiong Mouyuan, as the legal representative of the defendant unit Luyuan Company, arranged the company personnel to provide false information in the process of fraudulently obtaining loans, and specifically handled the loan related matters, and was directly responsible for the handling of the loan. To bear the corresponding criminal responsibility, its behavior also constitutes a crime of fraudulent loans.
It is worth noting that Xiong Mouyuan and Luyuan Company did not accept the first-instance judgment. Xiong’s original appeal stated: 1. I did not deceive.bankI also have no ability to deceivebank. Second, I do not constitute other particularly serious circumstances. Luyuan Company proposed the same ground of appeal as above.
Finally, on March 1, 2019, the Xiaogan City Intermediate People's Court of Hubei Province rejected the appeal and made a final ruling to maintain the original judgment.
(Article source: brokerage China)