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顶名贷款、虚假合同、 内部人员收钱为审批“开绿灯”
Core Viewpoint - The case of Liu Mouquan highlights significant flaws in the banking risk control system, particularly in the management of biological asset collateral loans, which were exploited for fraudulent activities [6][7]. Summary by Sections Loan Fraud Details - Liu Mouquan, who did not meet bank loan requirements, used rented cattle as collateral to fraudulently obtain over 10 million yuan in loans from two banks by creating false documents and agreements [1][2]. - He initially secured a loan of 4 million yuan using 297 rented cattle as collateral, later misusing the funds primarily to pay off personal debts [2][3]. - Liu further obtained loans of 500,000 yuan and 300,000 yuan using similar fraudulent methods, ultimately failing to repay approximately 1.3 million yuan in total [2][3]. Legal Consequences - The Longcheng Intermediate People's Court found Liu guilty of loan fraud and obtaining loans through deception, sentencing him to 13 years in prison and imposing fines totaling 300,000 yuan [5]. - Liu is required to repay approximately 827.75 million yuan to one bank and 489.94 million yuan to another bank as part of the court's ruling [5]. Banking Risk Management Issues - Experts pointed out that the case reveals serious deficiencies in the banks' risk management systems, including inadequate pre-loan assessments and a lack of verification of collateral ownership [6]. - The absence of a dynamic management mechanism for collateral was identified as a critical factor in the failure to detect fraudulent activities [6]. Recommendations for Improvement - Industry experts suggest leveraging technology, such as IoT, to enhance monitoring of biological assets, including real-time tracking of livestock health and location [7]. - The introduction of insurance for biological assets and government risk compensation could further mitigate risks for banks involved in this type of lending [7].
透视“租牛骗贷”迷局: 顶名贷款、虚假合同、 内部人员收钱为审批“开绿灯”
● 本报记者张佳琳 构成贷款诈骗罪与骗取贷款罪 刘某权在2022年4月,帮助其朋友郭某山跟银行联系,借给郭某山490头牛作为抵押物,二人达成口头协 议,贷款发放后,郭某山把牛买下来。同时,刘某权授意郭某山和林某臣伪造一份购牛合同,以林某臣 的名义向吉林银行长春公主岭支行贷款650万元。 "租牛-抵押-再租牛"吉林省长春市中级人民法院近期披露的一则刑事裁定书,揭开了被告人刘某权空手 套白狼的骗贷细节:不符合银行贷款条件的刘某权,以租赁的活牛作为抵押物,通过假办营业执照,伪 造购牛合同、养殖场租赁协议等方式,以他人名义向公主岭华兴村镇银行、吉林银行长春公主岭支行两 家银行办理贷款合计超千万元,并将大部分贷款用于偿还个人债务。 不仅如此,刘某权通过给予银行工作人员好处费等方式,帮其朋友在银行以他人名义办理贷款数百万 元,现贷款无法归还,给银行造成巨大损失。顶名贷款、虚假合同、银行人员收钱为贷款"开绿灯"…… 生物资产抵押贷款,本应是解决农户们融资难题的创新之举,却因银行内控失灵,沦为不法分子骗贷获 利的工具。 "租牛骗贷"超千万元 中国裁判文书网显示,被告人刘某权自身不符合银行贷款条件,刘某权的朋友李某找到任某东、 ...
顶名贷款、虚假合同、内部人员收钱为审批“开绿灯”
Core Viewpoint - The case of Liu Mouquan highlights significant flaws in the banking risk control system, particularly in the area of loan approval and collateral management, leading to substantial financial losses for the banks involved [1][3][4]. Summary by Sections Loan Fraud Details - Liu Mouquan, who did not meet bank loan requirements, used rented live cattle as collateral to fraudulently obtain over 10 million yuan in loans from two banks by creating fake business licenses and contracts [1][2]. - He initially secured a loan of 4 million yuan in June 2022, using 297 rented cattle as collateral, but misused most of the funds to pay off personal debts [1][2]. - In August 2022, he took out another loan of 5 million yuan under the same fraudulent conditions, again diverting the funds for personal use [2]. Legal Consequences - Liu Mouquan was convicted of loan fraud and obtaining loans through deception, resulting in a combined prison sentence of 13 years and a fine of 300,000 yuan [3][4]. - He is required to repay approximately 827.75 million yuan to one bank and about 489.94 million yuan to another bank due to his fraudulent activities [3]. Banking Risk Control Failures - The case reveals critical deficiencies in the banks' risk control systems, including inadequate pre-loan assessments and failure to verify the true ownership of collateral [4]. - There was a lack of a dynamic management mechanism for collateral, which allowed Liu to repeatedly dispose of the collateral without detection [4]. Recommendations for Improvement - Industry experts suggest leveraging technology, such as IoT, to enhance monitoring of live assets, including real-time tracking of cattle health and location [5]. - The introduction of insurance for live assets and government risk compensation could further mitigate risks for banks involved in agricultural lending [5].