Misappropriation of credit funds to lend to others, and the amount is relatively large and has not been repaid for more than three months, this is a relatively minor act of misappropriation. Misappropriation of credit funds without rational use or transfer of credit funds to the stock market, property market, etc., will not only cause a greater risk of loss to credit funds, but may also cause illegal acts to a certain extent. Many criminals use various channels to try to obtain credit funds from commercial banks. There are also many bank insiders who use other people's loan information to embezzle customers' credit funds, and the circumstances are more serious. Otherwise, once the amount of misappropriation exceeds 10,000 yuan, and the misappropriated funds are not returned within three months after the misappropriation, the misappropriation may constitute the crime of misappropriation of bank loan funds.
01A real case of misappropriation of credit funds
Xiao Wang, a loan officer at a bank, came up with the idea of fraudulently using other people's names because of the shortage of funds, and obtained the consent of five farmers, Xiao Wang used the identity of the farmers to forge a document and apply for a loan of 500,000 yuan from the unit. When the loan expired, Xiao Wang could no longer repay the loan, so the bank took the five farmers who provided the loan to court. In the course of working as a loan officer at a bank, Xiao Wang took advantage of his position to borrow a sum of money from a number of peasant accounts, transferred the money to his own name, and embezzled the unit's funds for more than a year. In this case, Xiao Wang, a bank clerk, took advantage of his position in charge of bank credit work, based on the farmers' trust in him as a bank employee, and knew that it was illegal for him to make loans in this way, but he still had a fluke mentality that he would not be found out, and took risks and was willing to take risks. After obtaining the consent of the five farmers, a loan of 500,000 yuan was provided to them in their name, and after Xiao Wang got the money, he used the money on himself, and then used the money on himself, and finally, due to the rupture of Xiao Wang's capital chain, the bank loan could not be repaid for a long time, which has violated Article 272 of the Criminal Law of the People's Republic of China, and is suspected of corruption.
In the context of the rapid economic development of the mainland, some bank employees lack self-discipline and the integrity access mechanism is not perfect. The inadequacy of the financial system provides a "breeding ground" for criminal activities. Although the financial system has formulated and issued a series of rules and regulations, many systems, especially internal control and prevention measures, are deficient in the actual operation process, so in the actual operation process, the financial sector organization of the gatekeeping inspection will often be a mere formality, unable to detect problems in time, so that criminals have an opportunity, especially some internal staff, they may know the law and break the law. In recent years, a large proportion of the cases handled by the procuratorial organs have been committed by bank staff, some of whom have used their own customer information to falsify loan materials in order to transfer bank funds to other sources or embezzle them in the form of loans. Crimes in the financial sector usually involve large sums of money and involve professional fields related to finance, securities, and so on. The capital market plays a role in the safe operation of finance. The banking industry and the banking regulatory departments should strengthen the education and management of the personnel of all units, prevent the recurrence of such incidents, analyze the risk points and weak points, build and improve the corresponding management system, and plug the management loopholes, so as to further improve the level of internal management under the rule of law.
02How can loan officers prevent the risk of misappropriation of credit funds?
First, we need to raise awareness and change our mindset. All business departments of commercial banks should take advantage of the promulgation of the new loan regulations to enhance their understanding of the importance of the implementation of the new loan regulations, correctly understand and grasp the essence of the new loan regulations, establish the concept that the implementation of the new loan regulations will increase the work burden and cause the loss of some customers, and adopt necessary operating procedures and internal control measures to transform the "actual loan deposit" into "actual loan payment", so as to ensure that the loan funds can be used in accordance with the requirements in the loan contract and avoid misappropriation.
Second, it is necessary to strengthen propaganda and do a good job in education and training. Commercial banks should conscientiously carry out the work of publicizing the new loan regulations, actively strengthen contacts and communication with relevant departments and customers, and use various ways and means to publicize, explain, and explain the new loan regulations to customers, so as to gain customers' understanding and support, so that customers can have a better understanding of the new loan regulations, and thus enhance their consciousness in implementing the new loan regulations. At the same time, the management departments at all levels of commercial banks should intensify the education and training of their employees, so that every employee can have a better understanding of the new loan regulations, let them understand how important the implementation of the new loan regulations is to the prevention and control of risks of commercial banks, and let them maintain the new loan regulations in their thinking and publicize and implement the new loan regulations in action.
Third, implement the job responsibilities of employees and strengthen the management of the loan process. In order to effectively prevent and control the credit risk of banks, it is necessary to handle them in strict accordance with the operating procedures, strengthen the management of the whole process of bank loans, and especially monitor some key links. The first is to strengthen the management of the use of loans, requiring cooperatives and borrowers to sign clear, legal and detailed agreements on the use of loans, and requiring staff to strictly abide by the agreements and conduct strict inspection and supervision of loan funds to avoid misappropriation of loan funds; Second, it is necessary to implement "actual loan and actual payment", and there should be clear provisions in the loan contract, and for those who do not have the conditions for their own payment, the credit cooperatives should insist on having the lender entrust the payment. It is necessary to pay attention to the authenticity of loan fund transactions, and credit cooperatives should require borrowers to regularly report fund transactions to prevent and eliminate false and false loan purposes; Third, the borrower's working capital is scientifically calculated, and the amount of the loan and the repayment time are determined according to the needs of the borrower, which can not only ensure the funds required for the normal operation of the enterprise, but also effectively avoid the misappropriation of funds caused by the loan exceeding the actual needs. Fourth, strengthen the face-to-face interview and sign-off system, conscientiously verify the authenticity of borrowers' loans, and earnestly protect the legitimate rights and interests of borrowers and commercial banks.
Strengthen internal assessment and accountability. The relevant administrative departments of commercial banks and associated societies should strengthen post-loan management, requiring borrowers to regularly report to banks on the use of funds in accordance with the contract, and commercial banks should promptly carry out follow-up inspections on the use of loan funds to confirm whether the borrowers have used the loans in accordance with the contract, and take timely remedial measures for the problems found in the inspection. At the same time, in accordance with the relevant regulations, strengthen surprise inspections of the implementation of the new loan regulations, and increase the frequency of inspections, and strictly hold accountable the persons directly responsible, the relevant responsible persons, the person in charge of the unit and the person responsible for inspection and supervision for the problems found, so as to effectively deter illegal operations and ensure that the new loan regulations are truly implemented.
Fourth, the punishment for the illegal use of loans will be increased. It should be pointed out that the relevant departments should track the flow of funds after the borrower obtains the loan, and once it is verified that the commercial bank has misappropriated the purpose of the commercial bank's loan, the commercial bank should immediately withdraw the loan, impose a penalty of increasing penalty interest, and record the borrower's bad behavior in the credit reporting system of the People's Bank of China, and lower his credit rating, so as to promote his or her credit awareness.
Edited and released by the Credit Risk Management Research and Training Center: Li Yan
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