Source: Procuratorial Daily
.26 billion maturing deposits disappeared
Binzhou, Shandong: 14 people were sentenced for forging financial tickets and illegally absorbing public deposits, etc.
Yao Wen/comic
Use high interest subsidies as bait to forge fake certificates of deposit, illegally absorb more than 260 million yuan of public deposits. The procuratorate of Boxing County, Shandong Province filed a public prosecution. On June 16, 2017, the Boxing County Court sentenced the defendants Duan and Yang to 20 years in prison and each fined 800,000 yuan for forging financial notes and illegally absorbing public deposits; and sentenced the remaining nine defendants to fixed-term imprisonment ranging from 17 to 4 years, and fined 500,000 yuan to 80,000 yuan. On July 18 of the same year, the Boxing County Court sentenced Li to nine years in prison and a fine of 300,000 yuan for the crime of forging financial notes and illegally absorbing public deposits; Zhou was sentenced to six years in prison and a fine of 200,000 yuan; Zhao was sentenced to six years in prison and a fine of 200,000 yuan for the crime of absorbing customer funds without accounting.
In March this year, the victim Ye and others filed a civil lawsuit against the case, which was rejected by the court and appealed to Binzhou City Intermediate Court. Recently, the court ruled to reject the appeal and uphold the original judgment.
For the 6% interest subsidy, we will not hesitate to make up money to deposit
Events have to start four years ago. Fu is from Zhejiang. In October 2014, she received a call from an intermediary that a bank in Binzhou, Shandong has a "sunshine interest subsidy" business, and the annual interest rate can reach 6 percentage points, and asked her if she needed deposits.
After communication, Fu learned that the deposit was the Bohai 5th Road Branch of Binzhou City Bincheng District Rural Credit Cooperative, and the limited deposit amount was 11 million yuan. She then contacted 7 relatives and friends and raised the money.
On October 16, 2014, Fu and the intermediary went from Zhejiang to Binzhou, Shandong, and deposited all 11 million yuan into the bank at the counter of the Bohai Fifth Road Branch of the Binzhou Rural Credit Cooperative for a deposit period of one year. On the day of deposit, she received an interest subsidy of 600,000 yuan, and then distributed it to relatives and friends according to the share of the money. After Fu got the certificate of deposit, he didn't want to go back to Zhejiang directly.
Unexpectedly, when the deposit expired on October 17, 2015 and Fu went to withdraw the money, the transaction details showed that the 11 million yuan she deposited in October 2014 was withdrawn by transfer on the same day.
The seemingly reliable "sunshine interest subsidy" caused 27 people to board the pirate ship
In fact, long before Fu Mou, depositor Ye Mou also encountered the same situation.
Ye is the first depositor among all victims to find that there is a problem with the deposit. In October 2014, the intermediary informed Ye via phone that a bank had "sunshine interest subsidy" business, so he deposited 4 million yuan in the bank and received 200,000 yuan in interest on the same day, with a deposit of one year. On October 10, 2015, when he went to the bank to repay his deposit of 4 million yuan, he was told that "there is no such deposit." After discovering the problem, Ye immediately reported the case.
What exactly is "sunshine interest subsidy"? Why are so many people willing to deposit money in this way?
It is understood that "Sunshine Interest Subsidy" emerged in the domestic banking industry around 2005. At that time, with the increase in banks, the competition for savings business was fierce. In order to increase deposits, some banks would engage in business with higher interest rates than normal in addition to normal deposits, which was called "interest subsidy". Banks that recruit deposits generally contact customers through intermediaries with financial experience.
This behavior is suspected of violating my country's RMB interest rate management regulations. In September 2014, the China Banking Regulatory Commission, the Ministry of Finance and the People's Bank of China in the "Notice on Strengthening the Management of Defaults in Commercial Banks", clarified that commercial banks shall not violate regulations, increase deposit interest rates or high arbitrage rates without authorization, and shall not set up special accounts to pay high interest rates for deposit accounts.
Many people think that the "sunshine interest subsidy" has a high return, and it is operated at the bank counter, which is highly credible, so they are willing to deposit money in the bank in this way. In this scam, there were 27 depositors who deposited money in the "sunshine interest subsidy" method.
43 fake certificates of deposit absorbed more than 260 million yuan in deposits
After the victim reported the case, the public security organs finally locked in the suspect Duan through investigation.Duan was originally the president of a branch of a bank in Binzhou City. Since 2011, he has raised funds for the Chuangneng Petrochemical Company run by Yang many times, and he owed huge high-interest loans that could not be returned, and Yang's company also encountered difficulties in its operation. In order to raise funds, Duan and Yang discussed with each other and decided to collect public deposits by using the "sunshine interest subsidy".
In early 2013, Duan and Zhang, an employee of the Taizi Branch of Zouping Rural Commercial Bank, colluded with others to contact the depositor through an intermediary to go to the designated counter of the designated bank to handle the "deposit" business. The bank teller transferred the depositor's funds to the "specific" account, and then handed over the fake deposit certificates that were forged in advance to the depositor, and finally paid the "interest subsidy" on the spot. In other words, the depositor's money is not deposited into his own bank account, but is directly deposited into the "specific" account, that is, the account of Chuangneng Petrochemical Company. Therefore, when the depositor comes back to withdraw money on the withdrawal date, he will find that the money has long disappeared.
After in-depth investigation, the public security organs found that from May 2013 to May 2015, Duan, Yang and 11 others committed crimes with Li, Zhao and Zhou. They successively committed crimes at three outlets: Taizi Branch of Zouping Rural Commercial Bank, Cao Wang Branch of Boxing Rural Commercial Bank, and Bohai Fifth Road Branch of the Bincheng District Rural Credit Cooperative in Binzhou City. Through this method, a total of 43 financial invoices were forged, with a total amount of more than 290 million yuan involved in the case and illegally absorbing more than 260 million yuan of public deposits. Among them, Li, Zhao and Zhou forged 17 financial notes with a total amount of 72.44 million yuan, illegally absorbed 72.23 million yuan in public deposits, and absorbed customer funds without accounting.
14 people were sentenced for greed for ill-gotten gains
After investigation, 11 defendants including Duan, Yang and 11 others committed a total of 31 crimes with Li, Zhao and Zhou. Only 4 cases were returned in facts, and the remaining 27 funds were not recovered, causing losses to depositors totaling more than 160 million yuan. Because the case involves a large number of people and a wide area, the superior unit designated the Boxing County Public Security Bureau to file a case for investigation. After the investigation of Boxing County Public Security Bureau was completed, it transferred it to the Boxing County Procuratorate for review and prosecution. From June to July 2017, the court made the above judgments on the defendant. Later, some defendants appealed, and the Binzhou Intermediate People's Court rejected the appeal in the second instance, upheld the original judgment, and the judgments against the above 14 people have taken effect.
In March this year, Ye and other victims filed a civil lawsuit with the Bincheng District Court, demanding that the bank involved return the principal and interest of the deposit. After review, the court found that Ye's certificate of deposit was forged, and the relevant responsible person was suspected of committing a crime and was held criminally responsible in accordance with the law. According to relevant laws and regulations, if the defendant illegally possesses or disposes of the victim's property, he shall be recovered or ordered to return the compensation. If the victim filed a civil lawsuit, the court will not accept it. Post-
Ye and others appealed to the Binzhou Intermediate Court. Recently, the court made a ruling, rejecting the appeal and upholding the original ruling. (Guo Shuhe, Wang Chao, Wei Zhe)
