Reference: Wang Jinli loan fraud case
It was found through trial that the appellant Wang Jinli mortgaged RMB 90,000.00 Yuan in Hulusitai Sub-branch of Industrial and Commercial Bank of Alxa League on August 5, 1997 and August 28, 1997. On September 3rd of the same year, the appellant used Yang's Certificate of Immovable Property Rights and other certificates of rights to repeat the mortgage loan of 22,000 yuan in Xincheng Sub-branch of Industrial and Commercial Bank of Alxa League by illegal means, and all of them were squandered. For the above facts, there are witness testimony and report materials from the business department of Alxa League Industrial and Commercial Bank; The real estate mortgage contract, the stub of the certificate of other rights of the house, the loan voucher and the statement of the appellant Wang Jinli are all on the certificate, which is enough to confirm.
We believe that the appellant Wang Jinli used fraudulent means to defraud a large amount of bank loans for the purpose of illegal possession, which constituted the crime of loan fraud. The court of first instance found that the facts were clear, the evidence was sufficient, the procedure was legal, the sentence was appropriate and the applicable law was correct. The appellant Wang Jinli's appeal grounds cannot be established. In order to crack down on crimes and maintain normal social and economic order, according to the provisions of the first paragraph of Article 189 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
The appeal was dismissed and the criminal judgment of Zi Chu No.64 executed by Alashan Zuoqi People's Court (2003) was upheld.
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Repeated mortgage to defraud huge loans
Enri is also the legal representative of six companies, including Kym Palace Restaurant and Entertainment Co., Ltd., who used a property to mortgage repeatedly to defraud the bank of huge funds, and concealed the fact of repeated mortgage, and "transferred" the property to others at a high price to defraud the project quality deposit. After the incident, Lanzhou People's Procuratorate filed a public prosecution with Lanzhou Intermediate People's Court on Enri's suspicion of loan fraud, contract fraud and fraud. On February 20th, 2003, Lanzhou Intermediate People's Court sentenced Enri to life imprisonment, deprived of his political rights for life and confiscated his personal property. Enri refused to accept and appealed to the Higher People's Court of Gansu Province. On July 29, 2005, the Provincial High Court ruled that the original judgment was revoked and sent back for retrial.
1October 30th, the reporter learned from relevant parties that the Lanzhou Intermediate People's Court made a retrial judgment on the case of Enri's contract fraud. The court held that in the process of signing the contract, Enri deliberately concealed the truth, used collateral that did not meet the guarantee conditions to repeatedly register the mortgage, sold the mortgaged property to others, and collected the so-called deposit from others without performing the contract. His behavior constituted the crime of contract fraud, and the amount was extremely huge, and he was sentenced to fixed-term imprisonment.
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