Textbook-level bank fraud! Thats how he cheated 150 million listed companies.

category:Finance
 Textbook-level bank fraud! Thats how he cheated 150 million listed companies.


In September 2014, 150 million yuan of deposits had expired. Luzhou Laojiao went to the bank to ask for withdrawals, but found that the money had disappeared, and reported the case. Yuan Jianming fled to Thailand when he saw that the matter had been revealed.

Yuan Jianming, the principal offender of the case, was sentenced to 17 yearsimprisonment and a fine of 4.2 million yuan.

Evaporation of 150 million deposits in Luzhou Laojiao

Where exactly did 150 million deposits go? The market is very concerned about this.

Replacement of Deposits for Luzhou Laojiao

In the second half of 2012, in order to cope with the decline in liquor sales, Luzhou Laojiao launched a resource exchange, help marketing program:

1. Luzhou Laojiao deposits 50 million yuan into the bank on a regular basis for one year. The cooperative bank pays Luzhou Laojiao an interest rate of 10% higher than the one-year fixed interest rate stipulated by the state. Luzhou Laojiao signs deposit and expense account agreements with the bank.

2. Through the deposit, the cooperative bank obtains the income from the difference between deposit and loan, and purchases the designated products of Luzhou Laojiao at group purchase price. The bank can also recommend to the customers, mainly by the customers. Every 50 million yuan deposit should be more than 6 million yuan for liquor purchase. The amount of liquor deposit should be first purchased and then deposited, and so on. Cooperative banks must ensure deposit security.

In October 2012, Yuan Jianming learned from Zhus location that Luzhou Laojiao had the above-mentioned resource exchange business. He believed that one years fixed deposit period could be used to hedge the use of the money, and then he conspired with Zhu to obtain the deposits of Luzhou Laojiao.

Subsequently, Yuan Jianming met Chen Mou-2, a Shanghai dealer in Luzhou Laojiao, and Zheng Mou, the then president of Changsha Yingxin Branch of Agricultural Bank, with the recommendation of Zhu Mou-1. At the beginning of 2013, Yuan Jianming and Chen Mou-2 and Zheng Mou came to Luzhou Laojiao to discuss resource exchange business. Later, Yuan Jianming, Zhu Mou-1 and Chen Mou-2 reached the intention of cooperation, and Ningbo Erensi Trading Co., Ltd. under Yuan Jianmings actual control signed three Liquor Purchase and Sale Contracts with Chen Mou-2. Yuan Jianming and Zhu Mou-1 paid Chen Mou-2 3,300,3143,000 yuan for liquor purchases three times. Chen Mou-2 was in charge of letting Luzhou Laojiao pass the agreement deposit. u201d In this way, 200 million yuan was deposited three times into the account of Luzhou Laojiao Company opened by the new branch designated by the defendants Yuan Jianming and Zhu Mou-1, and the deposit was promised not to be inquired within a one-year period.

At the same time, Yuan Jianming negotiated with Zhu Mou-1 to determine that after obtaining 200 million yuan of funds from Luzhou Laojiao, Yuan Jianming and Zhu Mou-1 will use them equally.

In order to achieve the purpose of collecting deposits from Luzhou Laojiao, Yuan Jianming arranged Zhang Mou1 and Chen Mou1 to wear bank uniforms in April 2013 and to open an account at the door of Luzhou Laojiao as staff of the new branch of Agricultural Bank. Zhu Mou1 informed Chen Mou2 to contact them.

After being led to Luzhou Laojiao by Chen Mou-1 and Chen Mou-1, they signed the Agreement Deposit Agreement with Luzhou Laojiao in the name of Agricultural Bank Welcoming Branch, and obtained the relevant seal template and account opening information of Luzhou Laojiao. Immediately, Yuan Jianming arranged Luo and Zhang to hold the relevant seal and account opening information of Luzhou old kiln forged according to the template of Luzhou old kiln to Yingxin Branch, and Luo and Zhang Mou-1 pretended to be Luzhou old kiln staff members to open accounts in the name of Luzhou old kiln.

On April 22, 2013, Yuan Jianming merged with Zhu Mou 1, Huang Mou, Luo Mou and Tang Mou in Changsha in order to smoothly collect Luzhou Laoyao deposits. Yuan Jianming arranged Tangmou to buy a printer and Luomou to print a false certificate of deposit of 50 million yuan on the computer. Yuan Jianming imitated Zhengs signature and stamped the forged seal on the forged unit deposit certificate. The next day, Luzhou Laoyao appointed financial officer Lv Mou-1 to check account information and handle the first 50 million deposit business in Changsha Yingxin Branch. In order to avoid the direct contact between financial officers and bank staff, Zhu Mou-1 took Lv Mou-1 directly to Zheng Mous office and was received by Zheng Mou. The defendants, Yuan Jianming, arranged for Chen Mou-1 and Zhang Mou-1 to handle the connection with the counter in the lobby. After checking the companys account, Luzhou Laoyao Finance Personnel notifies the companys financial department to transfer payment. Subsequently, Yuan Jianming specially took Lv Mou-1 to the cafe opposite the new branch of the Agricultural Bank for dinner and chat. During the chat, Zhang Mou-1 pretended to be a bank worker and handed Yuan Jianmings pre-forged certificate of deposit of 50 million yuan to Lu Mou-1. Lu Mou-1 left Changsha without checking the portable deposit slip with the bank.

In order to smoothly transfer the deposits of Luzhou Laoyao, the new branch of Agricultural Bank of China, Yuan Jianming arranged Luomou and Zhangmou 1 to impersonate the employees of Luzhou Laoyao Company to go to Changsha Hongxing Branch of China Agricultural Bank Co., Ltd. (hereinafter referred to as the Hongxing Branch of Agricultural Bank) and open Luzhou Laoyao Account with forged account certificate of Luzhou Laoyao Company. Subsequently, Yuan Jianming arranged for staff to transfer 50 million yuan from the Luzhou Laojiao account of the new branch of Agricultural Bank of China to the Luzhou Laojiao account of the Red Star Branch of the Agricultural Bank of China, using a password payer and stamped with forged financial seal of Luzhou Laojiao Company, and then transferred the account to the actual control of Yuan Jianmings Ningbo Ernsi Limited. The accounts of the company, Ningbo Strait International Freight Forwarding Co., Ltd., Ningbo Boshili Petrochemical Co., Ltd. and Ningbo Honghe Environmental Protection Technology Co., Ltd. were quickly converted into several small amounts of funds. In addition, Yuan Jianming also arranged for company staff to withdraw huge amounts of cash from various banks to transfer the money. In June and September 2013, Yuan Jianming, together with Zhu, Huang, Chen and Zhang, acquired Luzhou Laojiao Companys total capital of 150 million yuan twice in the same way.

In April 2014, a few days after the repayment time stipulated in the forged agreement deposit agreement expired, the defendant Yuan Jianming, Zhu Mou 1 and Huang Mou jointly returned the first sum of 50.575 million yuan, of which Zhu Mou 1 and Huang Mou raised 9 million yuan for repayment.

In June 2014, the second 50 million yuan deposit was about to expire. Yuan Jianming and Zhu Mouyi could not return it on time. They also purchased more than 3.6 million yuan of white wine from two places of Chen Mouyi. The deposit was renewed for three months. According to the arrangement of Yuan Jianming, the defendant, Chen Mou-1 and others brought forged certificates of unit deposit with a face value of 50 million yuan to Changsha. Luzhou Laoyao appointed financial personnel to carry out the business of 50 million yuan renewal in Changsha for three months. After that, Chen Mou1 pretended to be a bank worker to hand in a forged new deposit slip to Chen Mou1. On behalf of Chen Mou1, he gave the expired deposit slip to Chen Mou1 and left Changsha on behalf of Chen Mou1, who did not verify the portable deposit slip with the bank.

Transfer and withdraw money by pretending to be employees of Luzhou Laojiao

On April 22, 2013, Yuan Jianming merged with Zhu Mou 1, Huang Mou, Luo Mou and Tang Mou in Changsha in order to smoothly collect Luzhou Laoyao deposits. Yuan Jianming arranged Tangmou to buy a printer and Luomou to print a false certificate of deposit of 50 million yuan on the computer.

Yuan Jianming imitated Zhengs signature and stamped the forged seal on the forged unit deposit certificate. The next day, Luzhou Laoyao appointed a financial officer, Lv Mou-1, to check account information and handle the first deposit business of 50 million yuan in Changsha Yingxin Branch. In order to avoid direct contact between financial personnel and bank staff, Lv Mou-1 was taken to Zheng Mous office and received by Zheng Mou. Yuan Jianming arranged Chen Mou-1 and Zhang Mou-1 to handle the connection with the counter in the lobby. After checking the companys account, Luzhou Laoyao Finance Personnel notifies the companys financial department to transfer payment. Subsequently, Yuan Jianming specially took Lv Mou-1 to the cafe opposite the new branch of the Agricultural Bank for dinner and chat. During the chat, Zhang Mou-1 pretended to be a bank worker and handed Yuan Jianmings pre-forged certificate of deposit of 50 million yuan to Lu Mou-1. Lu Mou-1 left Changsha without checking the portable deposit slip with the bank.

In order to smoothly transfer the deposits of Luzhou Laoyao, a new branch of Agricultural Bank of China, Yuan Jianming arranged Luomou and Zhangmou 1 to impersonate the employees of Luzhou Laoyao Company to go to Changsha Hongxing Branch of China Agricultural Bank Co., Ltd. and open Luzhou Laoyao Account with forged account opening certificate of Luzhou Laoyao Company. Subsequently, Yuan Jianming arranged for staff to transfer 50 million yuan from the Luzhou Laojiao account of the new branch of Agricultural Bank of China to the Luzhou Laojiao account of the Red Star Branch of the Agricultural Bank of China, using a password payer and stamped with forged financial seal of Luzhou Laojiao Company, and then transferred the account to the actual control of Yuan Jianmings Ningbo Ernsi Limited. The accounts of the company, Ningbo Strait International Freight Forwarding Co., Ltd., Ningbo Boshili Petrochemical Co., Ltd. and Ningbo Honghe Environmental Protection Technology Co., Ltd. were quickly converted into several small amounts of funds. In addition, Yuan Jianming also arranged for company staff to withdraw huge amounts of cash from various banks to transfer the money. In June and September 2013, Yuan Jianming, together with Zhu, Huang, Chen and Zhang, acquired Luzhou Laojiao Companys total capital of 150 million yuan twice in the same way.

The matter was revealed and fled to Thailand

On September 30, 2014, 150 million yuan of deposits had expired. Luzhou Laoyao sent financial personnel to the new branch of Agricultural Bank of Changsha Kaifu District with deposit slips to prompt withdrawal. The bank staff informed the financial personnel that the funds in the account had been transferred and that the deposit receipt was forged.

Thus, on October 15, 2014, Luzhou Laoyao issued the Notice of Major Litigation to the outside world, and 150 million deposits deposited in the Agricultural Bank of China disappeared.

In the testimony of the verdict, two financial personnel of Luzhou Laojiao who have successively dealt with deposit business said that the failure to verify the deposit receipt information at the counter was due to President Chen Mous obstruction, but it was indeed illegal.

Up to the time of the case, after deducting the 50.575 million yuan (including interest) returned before the case was committed, 149.425 million yuan remained unreturned, of which more than 40 million yuan was used to open Jiangxi Asia Ceramics Co., Ltd. The remaining funds were controlled and controlled by Yuan Jianming and used for other activities such as smuggling. In addition, Zhu Mou-1 obtained a intermediary fee of 500,000 yuan.

Return from custody in 2018

Seventeen yearsimprisonment plus a fine of 4.2 million yuan

In February 2018, the Changsha Municipal Public Security Bureau will escort and return Yuan Jianming, who absconded from Bangkok, Thailand and surrendered to the local police.

Yuan Jianming argued that:

(1) Compared with Zhu Mou-1, Yuan Jianming is the initiator and leader of non-fraud.

(2) The consequences of economic losses in this case are not only the causes of Yuan Jianming and others, but also the laissez-faire of Luzhou Laojiao and the inadequate internal supervision of Changsha Agricultural Bank.

(3) The bribery in this case was not initiated by Yuan Jianming. Yuan Jianming did not personally participate in the communication with Zheng Mou. The bribery was implicated in the crime of fraud. Although several crimes should be punished together, it has been punished in the crime of fraud. Yuan Jianming had lenient sentencing circumstances such as surrender and return of stolen goods. Therefore, it is requested to be lenient.

In the first instance, the court decided that the defendant, Yuan Jianming, was guilty of fraud and bribery to non-state functionaries; he was jointly sentenced to 17 yearsimprisonment, deprived of political rights for 5 years, and fined 4.2 million yuan. We will continue to recover RMB 150 million from fraud and return it to the victim, Luzhou Laojiao. Among them, Yuan Jianming, the defendant, was ordered to repay RMB 117 million in the proceeds of the crime. According to the announcement of Luzhou Laojiao on May 16, 2019, the company received the Civil Judgment of the First Instance of the Changsha Deposit Case. According to the Judgment, the Agricultural Bank of China Yingxin Branch is responsible for 40% of the losses that Luzhou Laojiao cannot recover through the criminal execution procedure, and the Changsha Hongxing Branch of the Agricultural Bank of China is responsible for 20% of the losses. The remaining losses were borne by Luzhou Laojiao. Source: Yang Bin_NF4368, Responsible Editor of China Foundation Newspaper

In the first instance, the court decided that the defendant, Yuan Jianming, was guilty of fraud and bribery to non-state functionaries; he was jointly sentenced to 17 yearsimprisonment, deprived of political rights for 5 years, and fined 4.2 million yuan. We will continue to recover RMB 150 million from fraud and return it to the victim, Luzhou Laojiao. Among them, Yuan Jianming, the defendant, was ordered to repay RMB 117 million in the proceeds of the crime.

According to the announcement of Luzhou Laojiao on May 16, 2019, the company received the Civil Judgment of the First Instance of the Changsha Deposit Case. According to the Judgment, the Agricultural Bank of China Yingxin Branch is responsible for 40% of the losses that Luzhou Laojiao cannot recover through the criminal execution procedure, and the Changsha Hongxing Branch of the Agricultural Bank of China is responsible for 20% of the losses. The remaining losses were borne by Luzhou Laojiao.