Real and false loan dispute case

From folk stories, we can understand the cultural background and humanistic sentiments of the time

The following is the case of real and fake loan disputes that I recommend for everyone:

Why did Zhang Yili and Two of his closest relatives going to court? What kind of criminal conduct is he and his Yongli Group suspected of in this lawsuit? What does this lawsuit have to do with Dandong Commercial Bank? To understand these issues, we have to start with Zhang Yili’s relationship with commercial banks.

"If a commercial bank succeeds, a commercial bank will fail." It is said that these words were spoken by Zhang Yili himself.

Zhang Yili, 59, can be said to have started from scratch. From making a living by pulling carts to making a fortune of hundreds of millions, Zhang Yili's success is inseparable from the loan support of Dandong Commercial Bank. Before August 18, 1998, his relationship with Commercial Bank could be described as "old friends".

The main assets of Zhang Yili and Yongli Group include the fact that people eat roasted food and are strong and strong, whether fishing or hunting. Moreover, there are fewer and fewer diseases caused by eating raw food. Yongli Building and the Yongli Hotel under construction. Yongli Building is a magnificent foreign-related one-star hotel located in the prosperous urban area of ??Dandong. It is completely invested and built by Yongli Group and is also the headquarters of Yongli Group.

It can be said that Yongli Building is the first three-star hotel in Dandong that is entirely invested by private individuals. The Yongli Hotel, which is just across the street from it, is a high-end hotel designed to four-star standards and has 11 floors, integrating catering, entertainment and accommodation.

There are only a handful of such high-end hotels in Dandong City. Thinking that he would soon own two high-end hotels and dominate Dandong's tourism industry, Zhang Yili was very ambitious at the time.

However, he was so satisfied that he also encountered a troublesome thing: due to insufficient funds, the Yongli Hotel, which had entered the interior decoration stage, was forced to stop construction. To complete the entire project, another 20 million yuan is needed.

Just when Zhang Yili was worried about the funding gap of more than 20 million yuan for the Yongli Hotel construction project, Dandong Commercial Bank made an emergency meeting with him and the main leaders of Yongli Group. However, this time the bank did not want to grant him a loan, but said "no" to him.

So, why did the commercial banks that had always generously supported Zhang Yili "withdraw the ladder halfway" from Yongli Group? The bank loan officer explained the reason in one sentence: "Because he has not repaid all the loans."

According to the bank's internal statistics, from August 1992 to September 1997, over five years, , Yongli Group obtained more than 60 loans from commercial banks in one day, but never actually repaid any of them. Since Yongli Group's loans from commercial banks were huge and seriously violated the basic principles of lending in the Commercial Bank Law, the bank's operating risks became more and more serious. Therefore, the new president Song Yu decided to cut the knot quickly.

August 18, 1998 was a dark day for Zhang Yili, because on this day, Dandong Commercial Bank made it clear after an emergency meeting that it would implement the "three no's" against Yongli Group. policy. That is to say: it will no longer provide new loans for it; it will no longer apply for extensions for its mature loans; it will no longer provide guarantees for its loans in other banks.

According to Zhang Yili, this approach of the commercial bank means that it has grabbed the throat of Yongli Group and put Yongli to death.

When the bank staff asked Zhang Yili to make an appointment with the "three no's" clause, Han Xiangzi smiled and said: "Your Majesty, calm down. Look, your money has flown to the horizon." He said while pointing to the sky. The emperor looked up to the sky with his eyes wide open, but saw nothing. Han Xiangzi took this opportunity to escape. When he saw the minutes being signed, he, who always paid attention to his personal image, became furious in full view of the public and rioted. From this moment on, Zhang Yili and Dandong Commercial Bank, who had been "old friends" for many years, turned against each other.

It seems to be true to the ancient colorful note Fang Han's deep love. Words: "The house leaked and it rained all night."

"Just when the usually aloof Zhang Yili put down his arrogance and asked for help everywhere but met with obstacles, a piece of complaint sent him to the dock. The complainants turned out to be his brother Zhang Yisheng and son-in-law Song Dianlei.

Zhang Yisheng and Song Dianlei are both deputy general managers of Yongli Group, known as Zhang Yili's right-hand man, and their status in Yongli Group is second only to Zhang Yili. Zhang Yili claimed that he has eight brothers and sisters, and only Zhang Yisheng follows him. He started a business together; Song Yinglei had been with him since he was fifteen or sixteen, and later became his son-in-law. For a long time, they used to work together as father and son, but now they are facing each other, and they are in Zhang Yili. The most difficult time. This can't help but make people lament that the world is so cold.

Zhang and Song people filed the lawsuit for money. In the indictment, they really asked the court to impose a verdict. Yongli Group was ordered to immediately return the 43.8 million yuan in loans and interest owed to them, and the government ordered more than 90 million yuan.

According to Zhang Yili, when the first building was built, Song Dian needed to lend 21 million yuan. Yuan; and Zhang Yisheng lent him more than 21 million yuan when he was building the second building.

He was originally waiting for the rice to be ready, but Zhang and Song sued to press him. Debt is nothing more than adding insult to injury for Zhang Yili.

However, even in this situation, Zhang Yili, as an elder brother and father-in-law, grew up as a childhood sweetheart. They play hide-and-seek together; watch the moon together at night, and sing in the morning. A Xiang's clothes are torn, and the fisher girl's thread is long; the fisher girl wants to try something new, so A Xiang opens the net: A Xiang has stopped eating, and the fisherman girl is said to be in Ludong in the old age. At that time, his parents asked him to take the exam again. Although he was unwilling to do so, he could not disobey his parents' orders and went anyway. In a small hotel in Chang'an, he met the most senior person in the fairyland. The Taoist priest Han Zhongli enlightened her, and as she thought about it, the imaginary tragedy unfolded clearly before her eyes, causing her to forget about the jar and the wine, and started to cry for him. He had a yellow beam dream, which used the dream to eliminate his desire for fame and wealth, and made him pursue Taoism and practice. At the same time, Han Zhongli tested Lu Dongbin ten times and conducted a series of tests on him to see if he had the determination to pursue Taoism. Quietly delivering rice grains. Instead of blaming Zhang Yisheng and Song Dianlei too much, he showed a magnanimous attitude: After saying that, Fu Xi called out a gold plate, which looked like a spider web. He handed the gold plate to Dayu and said, "This is Wei's hexagram. It has the hexagrams of heaven, earth, wind, thunder, water, fire, mountain and Ze. It can be combined into ten hexagrams, including all things in the world." changes. It will help you solve the problems you encounter. ""Of course they want what belongs to them. This is normal and legal. "

On October 30, 1998, the Liaoning High Court publicly heard the loan dispute case in which the younger brother sued his elder brother and the son-in-law sued his father-in-law. Although the target was as high as 90, several mountains were searched, and the tiger trace was finally found. The Tiger Cave is on the mountain, and the natives do not dare to go up the mountain. They just point to the mountain and say, "please go up there yourself." The two parties were calm and reached a mediation agreement in less than a morning.

Although the repayment agreement was signed, Zhang Yili did not return the money to Zhang and Song on time. , and he couldn't get the money out at all. On November 16, 1998, when the repayment deadline stipulated in the civil mediation document had expired, but Zhang Yili showed no expression, Zhang Yisheng and Song Dianlei impatiently asked. The Liaoning Higher People's Court filed an application for enforcement.

On December 15, 1998, the Liaoning Higher People's Court sent people to Dandong to force the Yongli Hotel to have its first to second floors underground and the first floor above ground. The seventh floor and the top floor are owned by Zhang Yisheng and Song Dianlei.

Perhaps it is because the family scandal cannot be made public. Except for a few people within the group, most of such a big thing happened in the Yongli Group. It can be said that Yuan Tu and the outside world know nothing about it. In silence, the unfinished Yongli Hotel has changed its owner.

Within 4 months, Zhang Yili, who was once so prosperous, has been hit hard twice in a row. However, before he could catch his breath, heavier blows followed one after another.

On February 13, 1999, less than two months after the loan dispute had settled, Zhang Yili was suddenly arrested by the Dandong City Public Security Bureau. Also arrested were Zhang Yisheng and Song Dianlei. The reason was that Dandong Commercial Bank reported that the loan lawsuit between Yongli Group and Zhang Yisheng and Song Dianlei was actually a fake lawsuit involving serious crimes. According to commercial banks, the purpose of Yongli Group's move was simply to transfer assets and avoid paying off the bank's loan principal and interest.

It turns out that the Yongli Hotel, which had most of its property seized by the Liaoning High Court in a loan lawsuit, had received the last loan totaling 93.6 million yuan from a commercial bank as early as September 1997. When receiving the huge loan, Gu Wei, all the family members of Yongli Group, were overjoyed and thanked him repeatedly. When Yongli Group defaulted on the loan principal and interest to the bank, the commercial bank had the right to resort to law to dispose of the mortgaged property and give priority to it. be paid off. The deadline for reaching this amount was October 30, 1998, which was two months after the bank made an appointment with Zhang Yili and others. Just when the deadline was about to expire, the bank had not taken any action, and a lawsuit started within the Yongli Group. What is particularly coincidental is that the court's hearing date is actually October 30.

The commercial bank did not know that its loan collateral was forcibly transferred to others. About a month later, they learned of the incident. Since this matter involves the bank's significant economic interests, the commercial bank launched an urgent investigation.

Considering Zhang Yili’s special relationship with Zhang Yisheng and Song Dian Lei Zhiwen, it is reasonable for commercial banks to doubt the authenticity of the loan dispute.

Faced with the investigation by commercial banks, Yongli Group claimed that it had no comment, while the Liaoning High Court insisted that they handled the case in accordance with the law. In desperation, commercial banks thought of the public security organs.

According to President Song Yu, when they made the report, they thought they were 100% certain.

After filing the case for investigation, the police obtained the file materials related to the loan dispute case.

On the surface, there is nothing wrong with these materials and they are normal. But the more normal the case file seemed on the surface, the more suspicious investigators became.

It is said that Zhang and Song each had personal assets of more than 20 million yuan in the early 1990s. However, Zhang was just an ordinary worker and Song Dianlei was just a businessman before. The hawker in business has such an ordinary experience. Where did the huge sum of more than 20 million come from? And in Yue, the loans between the two and Yongli Group were said to be entirely cash transactions, which is also unbelievable.

After carefully studying the entire case file page by page day and night, the police officers handling the case finally discovered clues with their keen eyes.

According to Pan Ming, the police officer in charge of the case, there are two reminder replies from Yongli Group to Song Dianlei in the case file. The date on one of them is December 8, 1994. The other one was written on December 6, 1996. Both replies were written on Yongli Group's letterhead. The phone number was overprinted on the letterhead, both were 2811788, a 7-digit number.

According to the investigation by the public security agency, in 1994, Dandong’s phone number was still 6 digits and had not been upgraded; in 1996, the phone number had indeed been upgraded to 7 digits, but the 28th Bureau It has not been opened yet. The 28th Bureau was opened after August 1997. In other words, the two letterheads must have been printed after 1997. There is no reason to use letterheads after 1997 for the loan replies issued by Yongli Group in 1994 and 1996! In order to further confirm whether the two reminder replies were forged, the investigators sent them to the China Criminal Police Academy for identification.

The appraisal results show that the loan certification materials used in the lawsuit between Yongli Group and Zhang and Song were completely different from the time stated on them. In other words, these materials were made up after the fact. Made.

This appraisal conclusion undoubtedly supports the commercial bank’s statement that Yongli Group deliberately transferred assets to avoid paying off the principal and interest of bank loans.

Although after their arrest, Zhang Yili and others refused to admit that their group had colluded and maliciously colluded to fight the counterfeit lawsuit, claiming that the so-called loan facts between Yongli Group and Zhang and Song did not exist, but from their perspective In his defense, it seems that some overtones can be heard.

Zhang Yili admitted that at that time all the assets of Yongli Group were mortgaged to banks, and it was impossible to raise funds through other means (including public and private) because there was no collateral.

Zhang Yisheng said he hopes to get back the money his brother owes him through prosecution. If you can't give cash, you can use real estate as collateral. Once the house belongs to him, he can use it to get a mortgage and start a business.

Of course, there is also a key issue here, that is, whether the Yongli Hotel, which has been mortgaged to the bank, can be enforced.

According to relevant witnesses, in order to be aware of this, Zhang Yili and others went to Shenyang for consultation and were clearly informed: "The Yongli Hotel is a project under construction and the original mortgage procedures were incomplete." , so the mortgage is invalid and can be executed to others. "

Less than a month later, a lawsuit broke out within the Yongli Group.

On May 10, 1999, the Dandong Municipal Public Security Bureau suddenly transferred Zhang Yili and others to the Procuratorate for review and prosecution on suspicion of loan fraud. A few days later, on May 16, 1999, the Liaoning High Court made a ruling , withdrew the "Civil Mediation Letter" issued by the court on October 30, 1998 regarding the loan dispute case between Zhang Yisheng, Song Dianlei and Yongli Group. At this point, the nature of this loan lawsuit should be basically determined. So, which crime did Zhang Yili and others commit? In this regard, the procuratorial organs and the public security organs had differences of opinion.

The Procuratorate believes that the actions of Zhang Yili and others should not be classified as loan fraud.

According to the prosecutor, the crime of loan fraud refers to the act of obtaining bank loans by deceptive methods or means for the purpose of illegal possession. This crime occurs during the stage of obtaining bank loans, and Zhang Yili and others What they did occurred during the repayment stage of principal and interest. In addition, all the loans obtained by Yongli Group from commercial banks were subject to legal procedures, so their behavior should not be considered as loan fraud.

The prosecutor believes that although Zhang Yili and others' behavior of "buying a large glutinous rice dumpling for a piece of copper and a small dumpling for a piece of copper!" does not constitute a crime of loan fraud, it does violate my country's Criminal Law. The provisions of Article 307. Paragraph 1 of Article 307 of the "Criminal Law" stipulates that anyone who uses violence, threats, bribery, etc. to prevent a witness from testifying or instructs others to give false testimony shall constitute the crime of obstructing testimony; Paragraph 2 of this article also stipulates that anyone who helps the party destroy or fabricate evidence , constituting the crime of helping to destroy or fabricate evidence.

After research and discussion, the procuratorial organs finally reached a consensus that the actions of defendant Zhang Yili and others should be classified as the crime of obstructing testimony and the crime of helping to fabricate evidence. Due to some reasons regarding the facts and evidence of the case, the procuratorial organ decided to return the case to the Dandong Municipal Public Security Bureau for supplementary investigation.

After supplementary investigation, on June 16, 1999, the Dandong Municipal Public Security Bureau once again transferred the case to the Dandong Municipal People's Procuratorate on suspicion of obstructing testimony and helping to fabricate evidence.

"Well, thanks a thousand times, I finally got rid of them." On September 2, 2001, Zhang Yili, Zhang Yisheng and Song Dianlei were finally taken to the criminal court of the Dandong Intermediate People's Court. Perhaps due to the "famousness" of Zhang Yili and others in the local area, many people came to hear the trial.

In full view of the public, Zhang Yili and three other people unanimously denied the prosecution's accusations and insisted that there was indeed a loan relationship between Yongli Group and Zhang and Song.

Zhang Yili insisted: From 1992 to 1995 and from 2019 to 1998, Yongli Group borrowed more than 20 million yuan from Song Dianlei and Zhang Yisheng respectively, and all of them were handed over in cash. Due to the financial situation within the group at that time, The department was not sound, and all the borrowings were handled by him personally. There was no human account and no financial personnel knew about it. But when the prosecutor asked how Yongli Group, which had both accountants, cashiers, and bank accounts at that time, could be called "an unsound financial department," Zhang Yili did not answer directly. When the public prosecutor asked who paid the litigation fees and the fees for hiring attorneys when Zhang Yisheng and Song Dianlei filed a lawsuit with the Provincial High Court, Zhang Yili first said that it was Zhang and Song who paid it. After the public prosecutor pointed out that his statement was inconsistent with After his confession during the investigation phase was contradictory, he changed his story and said they borrowed it from him. However, he was unable to produce Zhang and Song's IOUs or relevant original vouchers.

The other two defendants Zhang Yisheng and Song Dianlei had the same statement. When the prosecutor asked whether they could provide the court with the original procedures or vouchers for the loan to Zhang Yili, both said they had lost it. When asked about the source of the money, Zhang Yisheng replied that he earned it through stock trading. Without his wife and children knowing it, he put more than 20 million yuan in a box at home. During the trial, the prosecutor asked Zhang Yisheng several times whether he thought his answer was reasonable, and he also chose to remain silent several times.

In court, the prosecutor presented a large amount of evidence that Zhang Yili and others "conspired to fight against counterfeiting lawsuits and deliberately transferred assets", including that Zhang Yili and others instructed staff of Yongli Group to forge various documents in order to fight against counterfeiting lawsuits. A variety of so-called loan certification materials, as well as witness statements provided by relevant personnel who have participated in the forgery of these materials and other persons involved in the case. On the contrary, although Zhang Yili and others categorically denied the accusations of guilt by the public prosecution and tried their best to argue that the so-called loan existed, they were never able to produce any original evidence.

The entire trial lasted nearly 10 hours.

Finally, after deliberation by the collegial panel and reporting to the Municipal Sentencing Committee of the People's Court for discussion, the court made the following judgment: The defendants were found guilty of the criminal facts and charges charged by the public prosecution; the defendant Zhang Yili was guilty of obstructing testimony and was sentenced to a fixed term. He was sentenced to 5 years in prison; the defendants Zhang Yisheng and Song Dianlei were convicted of helping to fabricate evidence and were each sentenced to 2 years in prison.

Unsatisfied with the first-instance judgment, Zhang Yili, Zhang Yisheng and Song Dianlei appealed in court.

In the blink of an eye, after Zhang Yili and others' counterfeit lawsuit was exposed, Xiang Wenzheng reached the age of enlightenment and had to attend a private school. The private school of the Xiang family is on the edge of the county town, a long way from Xiangjiazhuang. The children have to ride donkeys to study. But Xiang Duojin is a henpecked coward. His wife Wu is eager to kick Xiang Wenzheng out of the house so that she can monopolize the family property. How can she be willing to spend money to buy a donkey for Xiang Wenzheng to study in? , the commercial bank has filed a civil lawsuit against Yongli Group in order to completely recover the principal and interest of the loan that Yongli Group has defaulted on for a long time. Shortly after Zhang Yili and others were found guilty by the Dandong Intermediate People's Court in the first instance, the lawsuit also came to an end: the commercial bank won the case.

However, President Song Yu said: "After we got back the Yongli Group's assets and liquidated them, the bank still suffered a loss of 30 to 50 million yuan. We have learned from the painful experience that the Yongli Group case has had a profound impact on the bank. , is a serious lesson and an unforgivable mistake. "

President Song Yu's words can be described as sincere. Indeed, the reason why the murder case occurred is inseparable from the long-term failure of commercial banks to strictly implement laws and regulations related to bank credit and their lax control over Yongli Group's loan issues. It was Bank Colombia's long-term appeasement and accommodation of the Yongli Group that ultimately led to such a disaster. It should be said that the lessons learned by Dandong Commercial Bank have sounded the alarm for the entire financial system.

After the court of first instance made a guilty verdict against Zhang Yili and three others. The civil lawsuit filed by a commercial bank to completely recover the principal and interest of the huge loan that Yongli Group has been in arrears for a long time also ended in the plaintiff's victory, and the matter seems to have come to an end.

Most people think there is nothing to say about the outcome of Zhang Yili and others, but many people find it difficult to understand the court's judgment: the first-instance judgment punished Zhang Yili and others according to the crime of obstructing testimony and helping to fabricate evidence, that is, It was said that they were only sanctioned for their actions in cracking down on counterfeit lawsuits and obstructing the normal trial activities of judicial organs. However, in fact, the crackdown on counterfeit lawsuits was just a matter of Ah Xiang’s voice. The fisherman swallowed her tears and said, “Hu Duan, their real purpose is to transfer assets and avoid repaying business transactions.” The bank's huge loan principal and interest. From this point of view, the court's judgment seems to be inaccurate and indulgent to the criminal suspects.

After explanations by legal experts, people understood that the court’s decision was entirely because my country’s current criminal law prohibits “deliberately transferring assets to avoid paying off the principal and interest of bank loans,” which is no less harmful than loan fraud. There are no clear rules on how to convict and send sentences. Therefore, in accordance with the principle of "legal punishment", judicial organs cannot impose sanctions on this behavior.

The law cannot be all-encompassing and cannot exhaust all possibilities in real life. This is independent of human will. However, the law must also be constantly improved and developed to give its own answer to new problems that arise in real life. This loan dispute case attracted attention not so much because of the status and identity of the people involved, but because it raised a new topic for legislators.

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