Left-handed loans were approved by the right hand, and bank employees approved loans of 4 million.
One name, two identities.
Recently, a judgment published on the Internet by China Judgment Document once again exposed a corner of the internal process system confusion of some rural financial institutions.
At the beginning of 20 13, Wang, who is not only the account manager of Shantang Credit Cooperative of Xunxian Rural Credit Cooperative, but also the actual operator of Xunxian Shengli Packaging Co., Ltd. (hereinafter referred to as Shengli Company), "bound" the two roles together and staged a drama of "turning left hand to right hand".
As an account manager, Wang, who is mainly responsible for accepting customer applications and investigating the authenticity of materials provided by customers, gave himself a "green light"-in order to raise operating funds for his victorious company, Wang took advantage of his position of collecting loan materials and verifying the authenticity of loan materials, and used false loan materials such as balance sheets, income statements and industrial products sales contracts in the name of victorious company to borrow 4 million yuan from Xunxian Rural Credit Cooperative Association. The process is also somewhat arbitrary. "The loan procedure is arranged by Wang, who is responsible for reviewing the information. Wang knows the truth and does not need to verify the loan information. "
After the loan expires, Wang renewed the loan on 20 14 and 20 15 respectively. During the period, the total interest was 6,543.8+0.777 million yuan, and the principal and interest could not be repaid after May 2065.438+07. During this period, he was also placed in administrative detention for gambling 10 days.
It is worth mentioning that Wang was a "veteran" of Xunxian Rural Credit Cooperative System. From March 2004 to July 20021,he was dismissed and worked in the rural credit cooperative system of Xun county for more than 17 years.
The details disclosed in the judgment show that the defendant Wang worked as an account manager in Shantang Credit Cooperative of Xunxian Rural Credit Cooperative from March 2004 to April 2065438. 2065 438+05-2065 438+07 worked as an account manager in the corporate department of Xunxian Rural Credit Cooperative; From May 20 17 to June 20 17, he worked as an ordinary teller in Shantang Credit Cooperative of Xunxian Rural Credit Cooperative; From February 20 17 to July 202 17, he worked as an ordinary teller in Shantangtang Sub-branch of Xunxian Rural Commercial Bank; 2021July was dismissed by Xunxian Rural Commercial Bank.
This means that in 20 13, Wang "approved" a loan of 4 million yuan for himself for the first time, and stopped paying the principal and interest from 20 17. The initiator of this single-handedly handling has been "lurking" in the banking system. Finally, on September 27th, 20021year, Wang received a phone call from the police and surrendered himself automatically after he arrived at the case.
The public prosecution agency believes that the defendant, Wang, as a staff member of a financial institution, violated state regulations and issued loans to related parties, causing particularly heavy losses, and his behavior has violated the provisions of the first and second paragraphs of Article 186 of the Criminal Law of People's Republic of China (PRC). If the facts of the crime are clear and the evidence is true and sufficient, the criminal responsibility shall be investigated for the crime of illegally issuing loans.
In the end, the court supported the accusation of the public prosecution agency and sentenced the defendant Wang to the crime of illegally issuing loans, sentenced him to four years in prison and fined him RMB 20,000.
The legal provisions cited by the court pointed out that according to the relevant provisions of the People's Republic of China (PRC) Commercial Bank Law, commercial banks should strictly examine the borrower's loan purpose, repayment ability and repayment method. , the implementation of loan review and grading approval system, and should require borrowers to provide guarantees.
Credit loans shall not be issued to related parties; The conditions for granting secured loans to related parties shall not be superior to those for similar loans of other borrowers. The so-called related parties include: directors, supervisors, managers, credit business personnel and their close relatives of commercial banks; Companies, enterprises and other economic organizations in which the personnel listed in the preceding paragraph invest or hold senior management positions.
Cases of illegal lending in rural financial institutions occur frequently, and internal governance needs to be strengthened.
Coincidentally, another judgment published on the same day showed that two other employees of the bank were sentenced to three years' imprisonment, suspended for three years and fined RMB20,000. Fixed-term imprisonment of two years and six months, suspended for two years and six months, and fined RMB 20,000.
According to the judgment, from 2065438 to April 2007, Jin, the business manager of the former Xunxian Rural Credit Cooperatives (now renamed as Henan Xunxian Rural Commercial Bank Co., Ltd.), and Wu Cunshan, the customer manager, still agreed to apply for a loan of 5.5 million yuan for Tengda Trading Co., Ltd. (hereinafter referred to as "Tengda Trading Company") even though they knew that it did not meet the conditions for granting loans. Hou Xun Rural Credit Cooperative issued a loan of 5.5 million yuan to Tengda Trading Company, which was not returned after the loan expired.
On February 23rd, 2002112, Xunxian Rural Commercial Bank recovered the loan principal of 650,000 yuan with interest of 50,000 yuan, and still owed the principal of 4.85 million yuan. On February 28th, 2020, 65438+, Jin and Wu Cunshan were informed by the police by telephone to voluntarily surrender and truthfully confess their crimes.
The judgment shows that after investigation, in the process of deciding the loan, Jin, the person in charge directly responsible, knew that the loan was different from the purpose, and the lender did not meet the loan conditions, but still issued the loan according to its requirements in violation of regulations.
Official website, the China Banking Regulatory Commission, showed that on 20 19, Xunxian Rural Commercial Bank and its four responsible persons received a regulatory ticket with a gold name. Reasons for violation include: (1) illegal loan issuance; (2) engaging in off-balance sheet business. (3) Appointing senior managers without qualification examination. Among them, Jin is directly responsible for illegally issuing loans and engaging in off-balance-sheet operations. In the end, Xunxian Rural Commercial Bank was warned to confiscate the illegal income of 14 1745.74 yuan and impose a total fine of 84 1745.74 yuan; Jian gave a warning and fined 50 thousand yuan.
Liao, an analyst of Lejin Function, told Caijing that bank employees still help applicants with loans even though they know that they do not meet the conditions for issuing loans, which is often caused by insider control or collusion. Everyone reached a common interest, violated the regulations, or was forced by leadership pressure.
For small and medium-sized banks, cases of illegal lending are common. Previously, the report of the Supervision Committee of the Commission for Discipline Inspection of Liaoning Province disclosed that Wang Zhongyin, the former Party Secretary and Chairman of Liaoning Rural Credit Cooperative Association, granted loans of RMB104.3 billion to the private enterprises concerned during the period from 20 14 to 20 19, knowing that they had illegal loan use, false trade background and false financial data.
Many account managers of Shandong Liaocheng Runchang Rural Commercial Bank lent 38 loans in violation of regulations, amounting to 4.786 million yuan, and finally only recovered 167500 yuan.
Due to the influence of various factors, rural financial institutions are still the high-incidence areas of violations. The rating results of financial institutions in the fourth quarter of 2002/kloc-0 by the central bank show that rural cooperative institutions (including rural commercial banks, rural cooperative banks and rural credit cooperatives) and rural banks have the highest risks, with the number of high-risk institutions being 186 and 103 respectively, and their assets accounting for 5% and 7% of this type of institutions respectively.
Judging from the fines, rural financial institutions are also the types of banks that are currently punished the most. According to the data of Rong 360 Digital Technology Research Institute, in the first quarter of 2022, rural financial institutions (including rural commercial banks, rural credit cooperatives, rural banks and rural cooperative banks) received the largest number and amount of tickets, with 166, and the total fine was153,623,600 yuan.
In the work report released a few days ago, the Audit Commission also pointed out that the 23 small and medium-sized banks audited generally have problems such as imperfect governance structure, imperfect governance system and ineffective supervision and checks and balances mechanism, mainly because the responsibilities of the board of directors and managers are vague, the responsibilities of the board of supervisors are suspended or biased towards internal control and compliance, and the core business systems and internal control processes such as credit management and loan "three investigations" are missing or lax in implementation.
In this regard, Liao believes that the frequent illegal loans of rural financial institutions are mainly due to serious problems such as insider control and manipulation by outsiders. There is a serious nepotism between shareholders and executives, and related transactions emerge one after another. After the completion of the digital framework, the whole process of operation can be controlled, and all operations can be inspected, supervised and randomly checked regularly, which may be able to stop this stubborn disease.
Author: King Zoe