At a 10-year interval, the bank issued a running-water bill which was different from the judgment information. It showed that the above four credit cards can not get the record information of arrears and arrears from the credit card management department of our bank.
In 2010, after Li Yan was released from prison, he began to appeal.
On October 22, 2018, the prosecutor of Henan Provincial High Procuratorate in charge of Li Yans case said that Li Yans appeal case was currently being processed. At present, he has already butted up with banks, involved books and judicial accounting.
Xixian Agricultural Bank issued credit card flow sheets to Li Yan in 2016 and 2017 respectively, showing no arrears. Beijing News reporter Zhao Pengle
Being arrested for malicious overdraft credit card
Li Yan, 65 years old, was a local businessman in Xixian County.
In 2001, under the promotion of agricultural workers, he ran four credit cards of Agricultural Bank of China for business capital turnover.
Two of the four cards were handled by Li Yan with his ex-wife Wang Yuns ID card, and the other two were handled by Li Yans own and daughter Li Lis ID card.
A guarantee contract made by an employee of Xixian Food Bureau shows that the credit card handled by Li Yan belongs to quasi-credit card.
Agricultural Bank of Chinas business management measures on quasi-credit cards stipulate that when individuals apply for credit cards, they need to provide guarantees, which can be divided into guarantee, pledge and mortgage guarantees. Credit cards and accounts are only for the use of the cardholder himself. The cardholder can withdraw them on the automatic teller machine. The cumulative amount of cash withdrawn per person per day shall not exceed 5,000 yuan. The cardholders reserve account should maintain a sufficient balance for consumption, which can be overdrawn within the credit limit approved by the cardholder for the issuance of cards. The maximum period of overdraft is 60 days.
If the overdraft cannot be reimbursed as required, the issuing bank will cancel its credit card eligibility and recover the principal and interest owed. Malicious overdraft or fraudulent use of credit cards shall be investigated for criminal responsibility according to law.
According to the Charter of the quasi-credit card of the Agricultural Bank of China, quasi-credit card is a RMB credit payment instrument issued by the Agricultural Bank of China to the society, which has the functions of consumer credit, transfer and settlement, cash withdrawal and other functions.
Li Yanyin has planted 4 credit cards. On October 6, 2005, during the National Day holiday, Li Yan returned from Xincai County to Xixian County, where he was taken away by the Economic Investigation Brigade of Xixian Public Security Bureau. When he was interrogated, Li Yancai knew that four credit cards dealt with by the Agricultural Bank of China in 2001 had problems. He was accused of credit card fraud.
Article 196 of the Criminal Law stipulates that the crime of credit card fraud refers to the act of defrauding large amounts of property by using credit cards for the purpose of illegal possession, in violation of credit card management regulations.
One week before Li Yans arrest, on September 28, 2005, his ex-wife Wang Yun was taken away by the Economic Investigation Brigade of Xixian Public Security Bureau and questioned about her credit card overdraft. In September 28, 2018, Wang Yun told reporters that she didnt know about credit cards at that time. In 1997, after her divorce with Li Yan due to emotional discord, she left her divorce certificate, identity card and other documents at her daughters home. The daughter has a good relationship with him, and should be taken directly to him for use.
But when she was arrested, she remembered that her husband and wife had children at one time. After many questioning, she lied to the police that two credit cards were handled and overdrawn by herself. I think Li Yan can make money outside and pay me back so that I can go out. At this time, she did not know that Li Yan was also arrested.
On August 2, 2006, Xixian Court decided that Li Yanwei 8203 had an overdraft of nearly 20,000 yuan, Li Liwei 4807 had an overdraft of 20,000 yuan, Wang Zhiwei 4005 had an overdraft of nearly 20,000 yuan and Wang Zhiwei 6401 had an overdraft of 40,000 yuan, totaling 999,785 yuan, nearly 100,000 yuan. The arrears were not repaid after being prompted by Xixian County Agricultural Bank, and were deemed to be malicious overdraft. Its behavior conforms to the characteristics of credit card fraud and constitutes the crime of credit card fraud.
Be sentenced to 6 years
Ten months after Wang Yun was arrested on suspicion of credit card fraud, the Xixian Public Security Bureau cancelled the case on June 25, 2007 due to insufficient evidence.
Li Yan recalled that when the case handlers interrogated him, he said that he handled all four credit cards, and whether there was an overdraft needed to be reconciled before he knew. After Wang Yun was arrested, he tried to find a bank, but the other side did not give him the bill.
According to the judgment of the first trial, on August 2, 2006, the Xixian Court sentenced Li Yan to six yearsimprisonment and fined him 60,000 yuan. At the same time, it ordered him to repay 99978.5 yuan and interest of the fraudulent Xixian Agricultural Bank.
The evidence for this determination comes from the statements issued by the Agricultural Bank of China, but these statements only show part of the amount of deposits and withdrawals. In the current balance column, the amount is negative.
Li Yan argued that he did not maliciously overdraw, but the court did not accept it. I didnt feel guilty. I didnt ask a lawyer at that time. In the end, Li Yan was sentenced to prison. He also asked the bank to provide a complete credit card bill, but no one paid any attention to it.
After Li Yans appeal, on October 20, 2006, the criminal ruling of Xinyang Intermediate Court showed that after reviewing the papers, the facts were clear and the decision was not to hear them in court. Finally, the appeal was rejected and the original judgment was upheld. Li Yan did not continue to appeal during his sentence.
10 years later, the bank issued a bill showing no arrears.
In early 2010, Li Yan was released from prison and then appealed.
Li Yan inquired about a piece of information, a certain province of our country on handling malicious overdraft credit card fraud cases of a number of issues guide. One of them said that in dealing with malicious overdraft credit card fraud cases, the bank should provide all the initial bills of the credit card involved from the date of opening the card, signed by the bank staff who provided the bills and affixed the official seal of the bank, and not based on the banks self-calculating and collating account bills. In addition, the bank should provide all the initial bills of the credit card involved from the date of opening the card. It can not prove that the purpose of illegal possession is not to constitute a crime of credit card fraud.
He knew that he had to prove himself by checking accounts. After many requests to the Agricultural Bank, the bank checked the credit card flow sheet for him.
The first audit was on November 24, 2016. Li Yan presented a credit card flow sheet with the official seal of Xixian Branch of Agricultural Bank of China. At the end, a staff member surnamed Zhang wrote, The above data are sent to the Science and Technology and Product Management Department of the Provincial Bank through the corresponding platform of our bank for inquiry results. The situation is true.
The running-water bill shows that the information of the card running-water with the tail number 6401 shows that after two overdrafts totaling more than 1,000 yuan on September 26, 2002, more than 40,000 yuan has been deposited. On October 11, 2002, two overdrafts totaling 40,000 yuan have been made, leaving 4954.64 yuan in the card.
The card running-water bill of No. 4005 shows that on September 26, 2002, more than 600 yuan was overdrawn and more than 3,000 yuan was deposited. On April 28, 2003, more than 2,000 yuan was overdrawn and more than 20,000 yuan was deposited. After the overdraft of 20,000 yuan on May 5, 2003, there should be 2857.37 yuan left in the card.
As for the tail number 8203 card, after 5 overdraft and 3 dollars in deposit, the final balance in the card was 19963.38 yuan.
On November 16, 2017, Xixian Agricultural Bank issued Li Yan with original vouchers and inquiries about his credit card and his wifes and daughters credit card. This time, ABC will get all the water information from four credit cards.
The running-water bills of four credit cards show that from September 16, 2001 to March 24, 2005, five cards with end number 8203 have been deposited, amounting to 83515.54 yuan, and three cards with end number 6401 have been withdrawn, amounting to 80,000 yuan; from September 15, 2001 to October 11, 2002, three cards with end number 6401 have been deposited, amounting to 90,981.00 yuan, and two cards with end number 4005 have been withdrawn, amounting to 200 yuan. From August 26, 2001 to May 5, 2003, there were four deposits totaling 52399.69 yuan and two withdrawals totaling 50,000 yuan. From September 16, 2001 to September 26, 2002, there were four deposits totaling 61174.42 yuan and two withdrawals totaling 60,000 yuan.
According to the above date information, the last repayment was on March 24, 2005, that is to say, before Li Yan sentenced, Carney did not owe money.
On the above information note issued by the bank, it said that the above four credit cards can not obtain the record information of arrears and arrears from the credit card management department of our bank.
On October 22, 2018, Liu Guojun, deputy president of Xixian Agricultural Bank, told Xinjing News that he had checked another account in Henan Agricultural Bank earlier this year and submitted it to Henan Provincial Higher Inspection Bureau. The result of the inquiry was basically consistent with the bill issued on November 16, 2017, but he said that the result was not comprehensive. Agricultural Bank of Chinas Credit Card Pipeline Information was launched on the Internet only after August 2002, and his card was opened in 2001. At present, we report to the head office to find out all the running conditions since he opened the card. Liu Guojun said.
On November 17, 2017, Li Yan appealed to the Henan Provincial Higher Peoples Procuratorate and submitted the colored copies of accounting certificates and the information of credit card inquiries.
On October 22, 2018, a reporter from the Beijing News telephoned the prosecutor of Li Yans case, who was in charge of the Henan Provincial High Inspection Bureau. He said that Li Yans case was currently being handled and that he was planning to visit Xixian again in the near future, and he also communicated with Li Yan many times. At present, he has docked with the bank, involving account book problems, and needs to do forensic accounting appraisal. At the same time, he needs to collect some additional information in order to carry out the audit.
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The three men set up a company to promote the illegal payment and settlement business of APP, and help users to cash by credit card. The amount involved is as high as 120 million yuan. Yesterday, the reporter learned from the Wuhan police that the three suspects in the illegal business operation have been arrested.