In the case of Wang Jitang, the former loan officer of the Licun Branch of the Personal Loan Department of the Luquan Rural Credit Cooperative Union in Shijiazhuang, Hebei Province ((2018) Ji 01 Xingzhong No. 259), the host loan officer Wang Jitang did not go to the scene to present the certificate in person during the handling of other warrants, and accepted 1,000 yuan, illegally issued a loan of 950,000 yuan, and was sentenced to one year in prison and fined 10,000 yuan. This case is a wake-up call for loan officers, who must conscientiously perform their duties in the pre-loan investigation process and take the prescribed actions in the pre-loan investigation to prevent the external risk of loan fraud. If the credit funds are lost significantly due to the failure to perform their duties, the bank credit officer may constitute the crime of illegally issuing loans.
Main facts of the case and issues in dispute: Who will pay for the non-performing loans issued by the forged collateral warrants?
(1) Main facts of the case: The borrower forged a mortgage loan of 950,000 yuan with a real estate warrant, and the loan officer in charge failed to review the authenticity of the collateral in accordance with the regulations, resulting in a major loss of all the loans.
Wang Jitang was formerly a loan officer of the Licun Branch of the Personal Loan Department of Luquan Rural Credit Cooperatives (hereinafter referred to as the "Licun Branch of the Personal Loan Department of Luquan Credit Cooperatives"). In May 2008, when Xu X 1 (manager of the personal loan department), Wang Jitang (loan officer), and Feng X (loan officer) were working in the Li Village Personal Loan Branch of Luquan Rural Credit Cooperative, when Wang Jitang, the host loan officer, and Feng Mou, the co-organizer of the loan officer (the public security organ withdrew the prosecution), as loan officers, gave Li X 1 (handled in a separate case and has been sentenced for fraud) a mortgage loan of 950,000 yuan with real estate, they failed to carefully examine the collateral provided by Li X 1 in accordance with the regulations, so that Li X 1 mortgaged 950,000 yuan with a forged real estate. As a result, the loan has not been recovered.
The loan has been overdue and has formed non-performing assets, and Luquan Rural Credit Cooperative has dealt with it in accordance with the Resolution of the 38th Meeting of the Non-Performing Loan Responsibility Determination Committee of Shijiazhuang Luquan Rural Credit Cooperative.
(2) The main focus of controversy
1. The issue of conviction. Wang Jitang, a loan officer of the Licun Branch of the Personal Loan Department of Luquan Credit Cooperative, constituted the crime of illegally issuing loans, the facts are unclear and the evidence is insufficient, and he should be acquitted.
In response to the issue of conviction, key evidence such as one's own confession, witness testimony, and relevant warrants can be used to restore the problem of the loan officer's failure to perform his duties.
In response to this issue, the court of first instance held that verifying the authenticity of the borrower's collateral was within the scope of the loan officer's duties, and the loan officer's failure to conscientiously perform his duties and dereliction of duty resulted in the issuance of loans that should not have been granted, which could not be recovered, and caused losses, which constituted the crime of illegally granting loans.
The Court of Final Appeal's judgment ((2018) Ji 01 Xingzhong No. 259) held that Wang Jitang, as a loan officer of a rural credit cooperative, violated state regulations by granting loans to others, causing heavy losses, and his behavior constituted the crime of illegally granting loans. As a loan officer, Wang Jitang failed to verify the authenticity of the borrower's collateral and failed to conscientiously perform his duties, resulting in the issuance of loans that should not have been issued and could not be recovered, causing heavy losses to the unit. Wang Jitang appealed, claiming that the facts of the original judgment that he constituted the crime of illegally issuing loans were unclear and the reasons for insufficient evidence were not established, and the Court of Final Appeal did not accept them.
2. Sentencing issues. Wang Jitang, a loan officer of the Licun Branch of the Personal Loan Department of Luquan Credit Cooperative, was not found to have voluntarily surrendered, and the original sentence was heavy.
In response to the sentencing issue, the Court of Final Appeal's judgment ((2018) Ji 01 Xing Zhong No. 259) held that Wang Jitang's confession in court was inconsistent with his confession at the public security organ, that he did not truthfully confess the facts of the crime, did not meet the constitutive elements of voluntary surrender, and did not constitute voluntary surrender, and that the original sentence was not improper. The Court of Final Appeal rejected it.
Credit Enlightenment: In the pre-loan investigation, verifying the authenticity of the borrower's collateral is within the scope of the loan officer's responsibility, and he must conscientiously perform his duties and responsibilities and do a good job in the prescribed actions. If the loan officer fails to verify the authenticity of the borrower's collateral and fails to perform his duties conscientiously, resulting in the loan that should not be issued and cannot be recovered, causing significant losses to the unit, it will constitute the crime of illegal loan issuance.
Loan Officer's Perspective: Looking at a loan, how was it deceived from within the bank?
(1) Responsibilities: Sponsorship-level loan officer
In the process of handling the loan of Li X 1, Wang Jitang and Feng of the Li Village Branch of the Personal Loan Department of Luquan Credit Cooperatives were both loan officers at that time, Wang Jitang was the host, and Feng was the co-organizer.
(2) Reason for applying for loan intervention: Introduction of the staff of the association
One day in early 2008, Xu Mou1, manager of the Li Village Branch of the Personal Loan Department of Luquan Associated Society, told Wang Jitang that Xin, an employee of Luquan Associated Society, had introduced a loan and used his house as collateral.
(3) Door-to-door verification: 5 people from the Associated Press + 1 person from the borrower
One morning in April 2008, Xu Mou1, the manager of the Li Village Branch, took Wang Jitang and Feng, Song 2, a personal loan of the Associated Society, and Xin, an employee of the Associated Society, and the borrower Li 1, a total of six people, took two cars to the Luquan Xishan Garden Villa Area, and the doorman at the door did not let them in.
(4) Preliminary intention of pre-loan investigation: collect and sort out loan information
Later, after a period of time, Xu Mou1, the manager of the Li Village branch, said to the loan officers Wang Jitang and Feng that the association agreed to the loan business, and it was necessary to sort out the information as soon as possible.
(5) The organization of loan materials, credit approval and loan issuance
Later, the loan officer Wang Jitang handled the loan application, investigation report, evaluation report, loan contract, other warrants and other formalities to Xu Mou1, the manager of the Li Village branch, for review, approval, signature, and seal, and then reported to the personal loan department of the Associated Society, and then issued a loan to the borrower Li Mou1.
(6) The regular workflow of loan mortgage
The process of applying for a mortgage loan is:
1. The borrower shall provide the real estate certificate and land certificate.
2. The borrower will evaluate the value of the property by the appraisal company and submit it to the appraisal report of the association.
3. The loan officer of the Licun Branch of the Personal Loan Department of Luquan Associated Press will take the real estate certificate, land certificate and loan contract of the loan household to the Housing Management Bureau and the Land Bureau for review and registration, and apply for other warrants.
(7) The loan officer was not present in the process of handling other warrants: accepting a bribe of 1,000 yuan + is a serious dereliction of duty
When the loan officer Wang Jitang and the borrower Li Mou1 went to apply for other warrants and walked to the door of the housing authority, Li Mou1 said to the loan officer Wang Jitang, "He has an acquaintance here, Wang Jitang doesn't need to go, he can find an acquaintance to do it quickly, and he can save some money."
Wang Jitang gave the loan procedures to the borrower Li1. Li Mou1 asked the loan officer Wang Jitang to go to dinner, but Wang Jitang did not go. The borrower, Li Mou1, gave Wang Jitang 1,000 yuan, and Wang Jitang left.
(8) Fraudulent loan information, excessive service behaviors such as signing on behalf of customers
Except for the signature of "Chen" on the list of real estate collateral, which was signed by the loan officer Wang Jitang, the loan officer Li X 1 provided the loan procedures provided by the borrower Li X 1, the rest were signed by them in person.
Credit enlightenment: In the key links such as the issuance of collateral mortgage certificates, bank credit officers must be present at the scene to witness the key links of other warrants, and do not give the borrower the whole process of loan procedures to handle alone, so as to prevent the occurrence of loan fraud such as the falsification of other warrants. In practice, cases or risk events arising from "excessive services" such as custody and operation on behalf of customers occur from time to time. The key loan procedures such as the list of collateral must be signed by the customer himself, and excessive service behaviors such as the signature of the customer must not be used.
Borrower's Perspective: Looking at a loan, how to commit loan fraud from the outside?
1. Accompany the relevant personnel of the credit union to see the so-called loan "collateral": please enter the urn-style loan scam
One day around April 2008, Xin, an employee of Luquan Credit Cooperative, called the borrower, Li Mou1, and said that someone from Licun Credit Union had come to see the house. The next day, the borrower Li1, the manager of the personal loan department of Licun Credit Cooperative, Xu Mou1, the host loan officer Wang Jitang, the co-organizer loan officer Feng, and the employee of Luquan Credit Cooperative, Xin, drove to Xishan Villa to see the house.
2. Collateral evaluation: pay attention to the performance of duties and responsibilities of the evaluation company
A few days later, Xin, an employee of Luquan Credit Cooperative, called the borrower Li 1 and asked Li 1 to do an assessment. Later, Li Mou1 found an appraisal company to evaluate the house of Xishan Villa.
3. Loan signing: Be wary of blank loan procedures to prevent realization.
A few days later, Xin, an employee of Luquan Credit Cooperative, called the borrower Li 1 and asked the borrower Li 1 and the guarantor Chen to go to the Li Village Credit Cooperative to sign. Li Mou1 told Chen that he took out a loan of 1.1 million yuan from Li Village Credit Cooperative, did not give money, gave a house, and the real estate certificate was written in her name, and Li Mou1 was using this house as a mortgage, and she needed to sign, and when the time came, let her and Li Mou1 sign, and she agreed.
Li Mou1 and Chen went to the office of Wang Jitang of Li Village Credit Cooperative, and Wang Jitang took out a set of loan procedures and asked Li Mou1 to sign with Chen, but some of the procedures were blank.
4. The process of handling other warrants: through bribery and other forms of monetary benefits, the sponsoring loan officer is induced to not perform his duties on the spot in accordance with the regulations, resulting in the appearance of forged other warrants.
At noon, after Li Mou1 invited the credit union people to dinner, he went to the office of Du Qinxue, the director of the credit cooperative, and the employee Xin was also there, she said that it was time to apply for other warrants, and she couldn't let Wang Jitang do it, so she asked Li Mou1 to give Wang Jitang 1,000 yuan and let him not go.
Li Mou1 came out and happened to meet Wang Jitang, so he gave Wang Jitang 1,000 yuan and said to him: "Don't go to handle other warrants, let Xin go, Wang Jitang agreed." ”
Later, Xin informed Li 1 to go to the door of Li Village Credit Cooperative, and Xin gave Li 1 his warrants. Li Mou1 handed it over to Wang Jitang, and the accountant of Li Village Credit Union gave the loan to Li Mou1 on the same day.
Credit Revelation: Loan fraud must be the result of a puzzle. The most typical situation is the forgery of loan warrants, and the fraudulent use of false mortgages to defraud bank loan funds. The issuance of other warrants is a weak link in this type of credit risk management, which requires credit officers to strengthen their performance of their duties and responsibilities and personally witness the prescribed actions of loans such as expeditions on the spot.
