High school culture! The unemployed man cheated the Bank of 93 million yuan 15 times in a row

category:Finance
 High school culture! The unemployed man cheated the Bank of 93 million yuan 15 times in a row


The mans name is Zhu Hao, male, Han nationality, born on August 19, 1978 in capital Li County, Sichuan Province, with high school education and no job, he lived in Xichang City, Sichuan Province before being arrested. According to the judgment document, Zhu Hao has no stable economic income and source, and Zhu Haos defenders have asked the court for a lighter punishment on the ground of his family difficulties.

How did Zhu Hao cheat the banks risk control system and cheat the loan for 15 times in a row? In fact, judging from the judicial documents, Zhu Haos role in the process of fraud is basically responsible for making false information.

For example, the first fraudulent loan was that * * Li (handled separately) arranged for Zhu Hao to forge loan information for 4.9 million yuan.

Zhu Hao registered and established Xichang news tree building materials business department (hereinafter referred to as news tree business department) with his identity information, and forged loan information.

On April 11, 2013, the news tree business department applied for a loan of 4.9 million yuan to the small enterprise credit center of Liangshan commercial bank for the purpose of paying Liangshan Wanda Industrial Co., Ltd. (hereinafter referred to as Wanda Industrial Company). The loan was guaranteed by Xingyang guarantee company. On April 24, 2013, the state commercial bank issued a loan of 4.9 million yuan to the news tree business department. Subsequently, the loan was transferred to the designated account of * * Li.

In the next ten or so times, Zhu Hao used the same means as the first time to forge false information and defraud loans for Zeng Yi, Mao Mou 2, Zou Zhongyu and * * Li, and made profits from them.

For the fourteenth and 15th fraudulent loans, Zhu Hao began to consider for himself. The fourteenth fraud occurred in September 2013. Zhu Hao discussed with Xie Mou 3 and Xie Mou 2 to jointly do onion business. Zhu Hao was responsible for funding, and Xie Mou 3 was responsible for planting and purchasing. Therefore, Zhu Hao borrowed the Qiyao agricultural company registered by Duan and Su, and forged the loan information of the company. On September 6, 2013, Qiyao agricultural company applied for a short-term working capital guarantee loan of 4.9 million yuan from the small enterprise credit center of state commercial bank to pay for the construction materials of Xinxin Trading Company, and Xingyang guarantee company provided guarantee for the loan. On September 17, 2013, Liangshan commercial bank made a loan of 4.9 million yuan to the account of Qiyao agricultural company.

Zhu Hao used 2 million yuan to invest in onion business, and then lost money due to the low price of onion.

The 15th time, Zhu Hao borrowed Chen Mou 2s identity information to register and establish Xichang Herun auxiliary building materials business department (hereinafter referred to as he run building materials business department), and forged the loan information of the business department. On December 19, 2013, Herun building materials business department applied for a short-term working capital guarantee loan of RMB 4.9 million from the small enterprise credit center of state commercial bank for the purpose of paying the hardware material purchase fund of Yabang trading company, and Huiyuan guarantee company provided guarantee for the loan. On December 23, 2013, the state commercial bank issued a loan of 4.9 million yuan to the business department of Herun building materials, which was transferred into the account of Yabang trading company the next day.

According to the statistics of the court, the loan subject in this case cheated the State Commercial Bank of 93 million yuan. Among them, the largest amount of fraudulent loan is 20 million yuan. After investigation, the principal of the loan has been fully returned and should not be identified as a criminal amount. Zhu Hao himself illegally occupied and used 12.3 million yuan.

It is worth noting that Zhu Hao not only cheated on loans, but also committed the crime of credit card fraud. On March 10, 2017, Zhu Hao was sentenced to two years imprisonment, suspended for three years and fined 20000 yuan by the peoples Court of Xichang City, Sichuan Province.

Risk control brings out internal ghost

As we all know, modern banks have strict risk control system. How did Zhu Hao evade the risk control and succeed repeatedly?

The reason is that Zhu Hao has an insider in the risk control department of the bank. This internal ghost is Mao Mou 2 mentioned above.

According to the criminal judgment, according to the resume of Mr. Mao 2, Mr. Mao entered the state commercial bank in May 2008 and successively served as the president of Xichang sub branch of the state commercial bank, the director of the small enterprise credit center of the state commercial bank, and the head of the risk management department of the state commercial bank. In May 2017, he was removed from the post of the head of the risk management department.

As the director of bank risk control department, Mao Mou 2 not only failed to do his duty, but also colluded with Zhu Hao and others to dig the corner of the bank.

Photo source: photo web

For example, Zhu Haos second, third and fourth fraudulent loans were arranged by Mao

Mao Mou 2 in order to cheat the state commercial bank loan fund of 4.9 million yuan, arranged for Zhu Hao to use the identity information of Gao Mou 1 to handle the loan. Zhu Hao used Gaos identity information to register and establish the Xichang Jiayi clothing business department (hereinafter referred to as Jiayi clothing business department), and forged loan information. On November 14, 2013, Jiayi clothing business department applied for a working capital loan of RMB 4.9 million from the state commercial bank on the basis of paying for the loan of Xichang Shengyuan department store (hereinafter referred to as Shengyuan department store business department), and Huiyuan guarantee company provided guarantee for the loan. On December 23, 2013, the state commercial bank issued a loan of 4.9 million yuan to Jiayi clothing business department. Mao 2 lent the 4 million yuan he had cheated to Tu Jianfan. After the crime, 3.9 million yuan of principal was not returned.

Mao Mou 2 in order to defraud the state commercial bank loan fund of 4 million yuan, arranged Zhu Hao to forge loan information. On November 7 and November 11, 2013, Zhu Hao used the identity information of his wife Yang Heqing and his cousin Zhong Mou 1 as the main loan subjects, and used their forged loan information to apply for the state commercial bank for the purchase of fixed assets guarantee loans of 2 million yuan each, with Huiyuan guarantee company as guarantee for the two loans. On November 7 and November 12, 2013, the state commercial bank issued the two loans respectively. Mao 2 arranged Zhu Hao to lend 4 million yuan to Zhang Yong, head of Liangshan branch of Xinrong guarantee company. After the crime, there was still 4 million yuan of principal not returned.

Mao Mou 2 to defraud state commercial bank loan funds of 3 million yuan, arranged for Zhu Hao to provide loan subject. Zhu Hao provided the identity information of Zeng Yi, Zeng Yang, Chen 1 and song zhizong. Mao 2 provided Zhu Hao with the identity information of Mao 1 and Yang. Zhu Hao forged the loan information with the identity information of the six people. On October 31, 2013 and November 13, 2013, six people applied to state commercial banks for personal guarantee loans of 500000 yuan each for the purpose of purchasing large cars. Huiyuan guarantee company provided guarantee for the six loans. The state commercial bank successively granted six loans to Zeng Yi and other six personal bank accounts, and then transferred to Zhu Haos bank account. After that, Mr. Mao 2 invested 3 million yuan in the Yintai Tiandi project. After the crime, there were still 1988600 yuan of principal not returned.

Maos 2 testimony said: when I helped * * Li to handle loans in state commercial banks, the loan subject was not * * li himself, the loan information was basically forged, and the loan was not used according to the purpose of the loan information. **As long as there is guarantee company guarantee, there will be no problem for the loan of small business credit center of state commercial bank. **If I have no objection, she will go to the loan subject and forge the loan information to the customer manager of the bank,

The customer manager reports to the bank level by level according to the process. After the approval of the loan review meeting, I will lend the loan to * * Li.

Court: family difficulties do not constitute grounds for light sentence

It is worth noting that in the court trial, Zhu Hao proposed that his behavior did not constitute the crime of loan fraud, but the crime of defrauding loans. His defender pointed out that Zhu Hao did not conspire with * * Li and Zeng Yi to illegally occupy the loans of state commercial banks. The loan subjects were all real and the loan subjects had real and effective mortgage or guarantee guarantee guarantee, and Zhu Hao was not the main user of the loan,

His three loans totaled 12.3 million yuan and were invested in legal business projects. Zhu Hao did not have the purpose of illegal possession and his behavior did not constitute the crime of loan fraud.

However, the court held that although the loan subjects in this case are real and there are guarantee companies for their loans, they are all loan subjects registered specially for loans without actual business premises and specific business after collusion with the guarantee company by the defendants Zhu Hao, * * Li and Mao Mou 2. Moreover, these so-called loan subjects have no actual connection with the loan, and the guarantee company also knows the loan Although the defendant Zhu Hao did not conspire to defraud the bank loans with the purpose of illegal possession, Zhu Hao, knowing that the loan subject had no actual business premises and specific business operations, he made false loan capital for the loan subject for many times It is expected that it has a laissez faire attitude towards whether the loan user has the ability to repay; and the defendant

Zhu Hao has no stable economic income and source. Among the bank loan funds, Zhu Hao has used 12.3 million yuan in his personal possession. Only a small part of the funds used is used for production and operation. He obviously has no ability to repay and swindles a large number of bank loans, which should be regarded as having the purpose of illegal possession. His behavior conforms to the constitutive requirements of the crime of loan fraud and constitutes the crime of loan fraud.

Photo source: photo web

His defender put forward that Zhu Hao only made false loan information in this case, which is an accessory opinion.

The court held that the forgery of loan information was an important part of loan fraud. Zhu Hao had forged loan information for many times, and the amount was very large, and he still possessed and used the loan funds. Therefore, the defendants opinion that he was an accessory was rejected by the court.

The defender also proposed that Zhu Haos family was in difficulty and asked the court to give him a lighter punishment. The court held that, after investigation, family difficulties could not be taken as the criminal reason of the defendant Zhu Hao, and it was groundless to ask for a lighter punishment.

Finally, the first instance judgment of Liangshan intermediate peoples court is as follows:

1u3001 Rescind the criminal judgment No. 73 (2017) of Sichuan Xichang peoples Court on the defendant Zhu Haos crime of credit card fraud and sentenced to two years imprisonment, three years probation and a fine of RMB 20000 yuan. 2u3001 The defendant Zhu Hao was sentenced to 10 years imprisonment and a fine of 300000 yuan for the crime of loan fraud. He was sentenced to 11 years imprisonment and a fine of 320000 yuan. 3u3001 Zhu Hao, the defendant, was ordered to refund to Liangshan commercial bank the amount of 12.2468 million yuan (after deducting the principal of 53200 yuan returned by him) and the amount of loan fraud with others. Source: Chen Hequn, editor in charge of daily economic news_ NB12679

1u3001 Rescind the criminal judgment No. 73 (2017) of Sichuan Xichang peoples Court on the defendant Zhu Haos crime of credit card fraud and sentenced to two years imprisonment, three years probation and a fine of RMB 20000 yuan.

2u3001 The defendant Zhu Hao was sentenced to 10 years imprisonment and a fine of 300000 yuan for the crime of loan fraud. He was sentenced to 11 years imprisonment and a fine of 320000 yuan.

3u3001 Zhu Hao, the defendant, was ordered to refund to Liangshan commercial bank the amount of 12.2468 million yuan (after deducting the principal of 53200 yuan returned by him) and the amount of loan fraud with others.