According to the judgment, the defendant You Moshun, male,1born in February 1958, was originally the legal representative of Fujian Nan 'an Xinting Leather Plastic Co., Ltd.
Nan 'an People's Procuratorate accused: Since 20 13, the defendant You Moshun applied for loan credit lines from six banks, including Nan 'an Rural Commercial Bank and Capital Bank, under the circumstance that Fujian Nan 'an Xinting Leather Plastic Co., Ltd. (hereinafter referred to as "Xinting Leather Plastic Company") suffered serious losses.
In order to obtain an application for credit line approved by the bank, You Moshun and financial personnel made false purchase and sale contracts, quarterly and annual financial statements of the company with high false profits, and company audit reports that were inconsistent with the actual operation of the company, concealing the fact of the company's operating losses and defrauding the bank to approve the credit line.
After verification, You Moshun defrauded: the loan principal of Nan 'an Rural Commercial Bank was 4,965,438+10,000 yuan, and the loan principal of 47.8 million yuan was still overdue; The loan principal of Quanzhou Branch of Capital Bank was RMB 6,543,805,000, which was not returned within the time limit; The loan principal of Quanzhou Rural Commercial Bank is 20 million yuan, which is overdue; Huaxia Bank (6000 15) Quanzhou Branch opened a letter of credit loan and working capital loan of 22,797,600 yuan, and the loan principal of17,087,600 yuan is still overdue; Quanzhou Branch of Fujian Straits Bank opened an acceptance bill of 20 million yuan and a working capital loan of180,000 yuan. Up to now, there is still a loan principal of 28 million yuan overdue. The factoring loan of Nan 'an Sub-branch of Industrial and Commercial Bank of China totaled RMB 30,999,400, which was overdue.
During the trial of this case, the defendant You Moshun had no objection to the accusation of the public prosecution agency.
According to the confession of the defendant You Moshun, a legal person of Xinting Leather Plastic Co., Ltd., the company has been going downhill since the financial crisis in 2008, with an annual loss of 20 million to 30 million from 20 1 13 to 20 14. Knowing that the company suffered serious losses, he instructed Lin, the company's financial director. Providing the company's financial audit report that is inconsistent with the actual operation of the company, concealing the fact of the company's operating losses, defrauding Nan 'an Rural Commercial Bank and other related banks for loan credit, and then making false purchase and sale contracts. , defrauding these bank loan funds to lend smoothly, and using these loans for the company's production and operation, as well as bank loans and private loans and interest before repayment.
Also, two factories of Xinting Leather Plastic Company were mortgaged to Nan 'an Rural Commercial Bank and Quanzhou Rural Commercial Bank Houzhu Sub-branch; When the above-mentioned loan term expires, most of them fail to repay on schedule.
The court held that the defendant Fujian Nan 'an Xinting Leather Plastic Co., Ltd. and its main defendant You Moshun obtained bank loans, bill acceptance and letters of credit by deception, which were other particularly serious circumstances, and their actions constituted the crime of defrauding loans, bill acceptance and financial bills. After you Moshun filed an appeal, the second instance was rejected by the court.
1. The defendant Fujian Nan 'an Xinting Leather Plastic Co., Ltd. was guilty of defrauding loans, bill acceptance and financial bills, and was fined RMB 8 million.
2. Defendant You Moshun was convicted of defrauding loans, bill acceptance and financial bills, sentenced to four years' imprisonment and fined RMB 6 million.
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