Our news report: The boss of a real estate company in Neijiang, Sichuan province instructed his subordinates to forge financial statements and other materials to defraud 29 million yuan in loans from a bank in our city. After conducting investigations and gathering evidence from multiple sources, the Yuzhong District Procuratorate recently sent the developer's boss to prison. Yesterday, the bank presented a banner of appreciation to the procuratorate.
Last year in mid-year, the Yuzhong District Procuratorate took on a case involving a real estate developer who had defrauded 29 million yuan in loans from a foreign-funded bank in our city. During the review for prosecution, the responsible prosecutors, Fang Wei and Li Peng, found that the existing evidence in this case was not very convincing. If they proceeded with the prosecution based on this, it would be highly likely that the defendant could not be convicted.
After the case was returned for supplementary investigation, the results were still not significant. The responsible prosecutors took the initiative, personally traveling to Neijiang to gather evidence, ultimately collecting relevant evidence related to Luo Xiaoping, the general manager of Neijiang Chengxin Real Estate Development Co., Ltd. (hereinafter referred to as Chengxin Company).
According to the investigation, in July 2007, Chengxin Company used nearly 20,000 square meters of house ownership rights at No. 453 Yuxi Road in the central district of Neijiang, along with corresponding land use rights, as collateral to apply for a loan of 29 million yuan from a certain foreign-funded bank in our city. In order to successfully obtain the loan, Luo Xiaoping instructed his employees to forge the company’s financial statements and lease agreements and submit them to the bank for review. When processing the mortgage loan, he also submitted forged property certificates and other false materials to the bank, thus successfully obtaining a loan of 29 million yuan RMB. By March 27, 2009, Chengxin Company was unable to repay the principal of 24.46 million yuan and interest of 1.29 million yuan owed to the bank.
The court ruled that Chengxin Company obtained the loan through deceitful means, causing extremely significant losses to the bank, and its actions constituted the crime of fraudulently obtaining a loan; Luo Xiaoping, as the principal personnel and directly responsible individual, also committed the crime of fraudulently obtaining a loan. Consequently, the first-instance verdict sentenced Chengxin Company to a fine of 4 million yuan, sentenced Luo Xiaoping to four years in prison and fined him 100,000 yuan, and ordered Chengxin Company and Luo Xiaoping to jointly compensate the bank for the principal of 24.46 million yuan and corresponding interest.
Reported by journalist Luo Bin, with photographs by correspondent Yang Yao.