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The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

The Paper

2024-05-16 19:26Posted on the official account of Shanghai The Paper

Tang Jiaoxiang, who served as the president of a bank branch for many years, was sentenced to life imprisonment for fraud, becoming a criminal serving a prison sentence.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

A photo of Tang Jiaoxiang taken in 2021 provided by the victim in the case. Photo courtesy of the interviewee

Tang Jiaoxiang, born in 1966, is a native of Linwu County, Hunan Province, and has served as the president of the Dongyun Road Branch of the Postal Savings Bank of China (hereinafter referred to as the "Postal Savings Bank") in Linwu County since 2012, and was rehired as the president of the Dongyun Road Branch after his retirement in 2015, and has served as the "outsourcing lobby manager" of the branch since 2017.

The court found that from September 2014 to January 2022, Tang Jiaoxiang used high interest as bait, fabricated facts such as investment and operation, concealed the truth that she could not repay the loan, and borrowed from relatives, friends, classmates, depositors, etc., involving an amount of more than 42.5 million yuan, of which the lender actually lost more than 28.54 million yuan. There were 204 victims reported to the police, most of whom were depositors of Tang Jiaoxiang's bank.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Tang Jiaoxiang worked at the Dongyun Road Branch of the Postal Savings Bank in Linwu County. Except for the annotations, the pictures in this article are all pictures of Zhu Yuanxiang, a reporter of The Paper

In the case of Tang Jiaoxiang's fraud, the judicial authorities have only found a small amount of her illegal gains, and the losses of more than 200 borrowers are irreparable. Many of the victims argued that the bank should bear civil liability for the lack of supervision.

The victim interviewed by The Paper said that he believed in his identity as the "president" when he borrowed money from Tang Jiaoxiang, and that the "borrowing" was completed at the bank. On the IOUs issued to a small number of victims, Tang Jiaoxiang also stamped the seal of "Linwu County Post Office Central Postal Savings Office".

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

The victim, Guo Yizhang, presented an IOU.

"At that time, I was very relieved to see that she had stamped her official seal and she herself had signed it." The victim Huang Rongju said. According to Tang Jiaoxiang's confession, the seal involved in the case was not engraved by her personally; However, the person in charge of the office of the Chenzhou branch of the Postal Savings Bank said, "We do not have this seal in the seal management sequence."

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Postal Savings Bank of China Chenzhou Branch.

"We all act according to the law." On May 13, Tang Wei, president of the Chenzhou branch of the Postal Savings Bank, told The Paper: "We will do what the court decides." Tang Wei refused to respond to whether the bank had regulatory responsibilities.

In this case of bank employee defrauding depositors, should the bank bear the corresponding civil liability? The legal professionals interviewed believed that there were many victims in this case, and it should be analyzed according to the specific circumstances of each person.

At present, the victim has not sued the bank for reasons such as legal costs. The relevant person in charge of the Political and Legal Committee of the Linwu County Party Committee told The Paper that the next step will be to organize consultations between the parties and conduct pre-litigation mediation by the court.

The "Governor's" Deception: Diverting Depositors to the Bank to "Borrow Money"

Wang Faren, 75 years old this year, is one of the victims of Tang Jiaoxiang's fraud case.

Wang Faren, a villager from Dongcheng Village, Shunfeng Township, Linwu County, received 960,000 yuan in compensation for the demolition of their house a few years ago, which was deposited in his postal savings bank account.

He remembers that one day in July 2021, Tang Jiaoxiang of the Dongyun Road Branch of the Postal Savings Bank in Linwu County informed him to come to the bank, "She said there was an event."

"When I got to the bank, she asked me to deposit the money in my passbook with her at a monthly interest rate of 1 cent (1%), which I could withdraw at any time." Wang Faren said that he was going to use the demolition money to build a new house, so he was a little hesitant at the time, and later Tang Jiaoxiang handed him a business card - her identity as the president of the bank, which made him dispel his doubts.

In an interview with The Paper a few days ago, Wang Faren took out the business card that Tang Jiaoxiang gave him back then from his pocket. This business card is a little wrinkled and yellowed, and it shows that Tang Jiaoxiang's position is the "branch president" of the Linwu County branch of the Postal Savings Bank.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Tang Jiaoxiang's business card to the victim. Photo courtesy of the interviewee

In fact, the resume information obtained by The Paper shows that Tang Jiaoxiang served as the "outsourcing lobby manager" of the Dongyun Road Branch from 2017 to the time of the case, and her resume as the head of the Linwu County Branch of the Postal Savings Bank was not found in the relevant materials obtained by The Paper.

"If she wasn't the president and didn't give me a business card, I definitely wouldn't lend her it." Wang Faren said that at that time, he took out 120,000 yuan of the demolition money and lent it to Tang Jiaoxiang. For the next four months, he received 1,200 yuan in interest from the other party every month. But after the fifth month, he couldn't contact Tang Jiaoxiang, and realized that 120,000 yuan might be "lost".

Wang Faren, who had only studied in elementary school, complained that he had "suffered the loss of no education". And the "intellectual" in the eyes of the local villagers, retired teacher Guo Yizhang, was also fooled.

"I'm a very steady person. I've been teaching math for decades and am notoriously cautious. Guo Yizhang, 82, told The Paper that his retirement salary goes to the passbook of the Dongyun Road branch of the Postal Savings Bank every month, and he saved the balance of 100,000 yuan as a "fixed term" a few years ago. In July 2021, Tang Jiaoxiang informed him that his 100,000 deposit was due and he needed to come to the bank to redeposit.

Guo Yizhang said that after the meeting, Tang Jiaoxiang asked him to lend her a deposit of 100,000 yuan, and said that the "turnover" would be enough for half a year, and the interest rate was higher than that of the bank. "She said that the money stored in her is the same as depositing it in the bank, and she is in charge of the bank anyway." Mr. Guo said he asked about the purpose of the loan, and Ms. Tang said it was an investment in business — she opened a bedding store called "Fuanna" in Linwu. Guo Yizhang did not agree to her at that time, but went out to investigate by himself, and found that there was indeed a "Fuanna" store on the side of Linwu Avenue, and the business was not bad.

"After visiting it myself, I was relieved." Guo Yizhang said that at that time, he took out a fixed deposit of 100,000 yuan and lent it to Tang Jiaoxiang. In the bank office, he watched Tang Jiaoxiang write down the IOU and sign it, press his fingerprint, and stamp his private seal, and he also asked Tang Jiaoxiang to add a sentence to the IOU: "If it is not repaid when it is due, it will be dealt with according to legal procedures." ”

"I felt very stable. There's no way she's going to be a fool in front of the law. Guo Yizhang said that later his son also lent Tang Jiaoxiang 100,000 yuan.

In September of that year, Guo Yizhang, who spent 80,000 yuan on knee replacement surgery, went to the bank to find Tang Jiaoxiang to "withdraw money" after being discharged from the hospital, but found that she was no longer in the bank.

"I made twenty or thirty calls, and she only answered one, but she didn't pay back. Later, I couldn't get in touch at all. Guo Yizhang said: "I secretly cried several times during that time. ”

There were more than 200 victims like Guo Yizhang and Wang Faren, most of whom were depositors of the Postal Savings Bank. "Loans", writing IOUs and other "transactions" mainly occurred in the business hall and Tang Jiaoxiang's office on the first floor of the Dongyun Road Branch of the Postal Savings Bank in Linwu County.

Tang Jiaoxiang's status as the "president" made it easy for her to gain the trust of depositors, including many elderly people with poor discernment.

Zeng Qingbao, who lent out a pension of 200,000 yuan in two installments, said that Tang Jiaoxiang's status as a bank staff made him completely unvigilant at that time, "You work in a bank, and you can't run the temple if you can run a monk."

When she lent 20,000 yuan for the first time, the victim Tang Yuxia remembered that Tang Jiaoxiang, who was sitting in the office, pulled the work card on her chest with her hand and said: "As a president, will I lose your 20,000 yuan?" ”

Tang Jiaoxiang's "president's office" at that time was in the passage of the business hall on the first floor of the bank. On the wall behind the desk, two pennants of "advanced units" still hang to this day. The victim, Huang Rongju (pseudonym), was deeply impressed.

Huang Rongju remembered that at that time, Tang Jiaoxiang pointed to the pennant hanging on the wall and told her that the bank has honors every year, "She said that she borrowed my money to complete the task and strive for honor."

On the two IOUs issued by Tang Jiaoxiang to Huang Rongju, a seal was also stamped under the borrower's signature - "Linwu County Post Office Center Postal Savings Office".

The IOU kept by the victim Zhou Mei (pseudonym) was also stamped. Zhou Mei still remembers that in February 2016, she took 200,000 yuan in cash to make a deposit, "The woman at the counter said, you go to President Tang for consultation." At that time, she entered Tang Jiaoxiang's office and met the female president.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

The IOU presented by Zhou Mei was stamped with the seal of "Postal Savings Bank".

"She said that the bank was engaged in activities, did she mean that she was engaged in financial management or something, and asked me to deposit money with her." Zhou Mei recalled that Tang Jiaoxiang said to her at the time, "If I don't pay you back this money, the bank will give it to you", and said that if you don't believe it, you will stamp an official seal. At that time, after Tang Jiaoxiang wrote an IOU of 200,000 yuan, Zhou Mei watched her take out a seal from the desk drawer and stamp the IOU.

"She signed it herself, and she also stamped the official seal, and I was at ease." Zhou Mei said that she later lent money to Tang Jiaoxiang one after another, and continued to lend the interest as the principal, and lent a total of 850,000 yuan to the other party in a few years, and has not got a penny back.

Lasted for nearly eight years: the capital chain is broken and the money is still borrowed and scammed

In the bank's office, Ms. Tang sits in a leather chair at a desk and writes on paper with a pen in her hand — a photo taken by a victim when she lent money to Ms. Tang. In the photo, Tang Jiaoxiang is wearing a bank overalls and a colorful silk scarf, and she doesn't look like a woman over fifty.

"She's pretty well-maintained, she looks young, and she's pretty good-looking." Tang Guoxin, who has borrowed money from Tang Jiaoxiang many times, told The Paper that Tang Jiaoxiang is more than 1.6 meters tall, slim, sociable, "always smiling and talking, and very enthusiastic about people."

Tang Jiaoxiang, who was born in 1966 and is a native of Linwu County, told The Paper that her father used to be a postman. After her father retired, Tang Jiaoxiang "took over" to work in the local post office, and was later transferred to the county seat.

Tang Jiaoxiang's work history shows that she has worked as a teller, financial manager, deputy manager of the company and other positions in the Postal Savings Bank, and after 2012, she served as the second-level branch manager of the Dongyun Road Branch and the Business Department Branch of the Postal Savings Bank in Linwu County. After retiring in September 2015, she was rehired as the second-level branch manager of the Dongyun Road sub-branch, and served as the "outsourcing lobby manager" of the sub-branch from 2017 to the time of the case.

Tang Jiaoxiang, who has been the head of the bank branch for a long time, has a rather glamorous identity in the local area, why did she "transform" into a criminal who committed fraud?

Tang Jiaoxiang's brother-in-law, Tang Jianping, told The Paper that many years ago, Tang Jiaoxiang co-founded a factory with others in Foshan, Guangdong, and borrowed money from others due to financial difficulties.

Lei Chunfu, 75 years old this year, once took out the 120,000 yuan insurance premium of himself and his wife and lent it to Tang Jiaoxiang. After Tang Jiaoxiang lost contact, he became angry if he didn't get back the principal. "In a fit of rage, I don't know how I got a stroke." Lei Chunfu is now paralyzed in his left foot and is accompanied by a wheelchair every day.

Among the funds that Huang Rongju lent to Tang Jiaoxiang, including her mother's pension accumulated of more than 800 yuan per month. Huang Rongju told The Paper that after Tang Jiaoxiang lost contact, she once talked to the village cadres at home about being defrauded of money, and was accidentally overheard by her old mother.

"When my mother heard this, she was so angry that she couldn't breathe that night, and she left on the third day." Huang Rongju said.

Since the second half of 2021, victims have sued Tang Jiaoxiang to the court one after another, demanding that she return the money. The Linwu County People's Court found that Tang Jiaoxiang concealed the fact that she owed others a huge amount of debts and could not repay them, and borrowed money from others abnormally and frequently for fictitious reasons, which was suspected of fraud. In March 2022, the Linwu County Court transferred Tang Jiaoxiang's case to the public security organs. Since then, many of the victims have reported the case to the Linwu County Public Security Bureau.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

The Linwu County People's Court is responsible for the recovery of illegal gains in this case.

In April 2022, Tang Jiaoxiang was released on bail pending trial by the Linwu County Public Security Bureau on suspicion of illegally absorbing public deposits, and was detained more than a month later, and arrested in July of that year. In March 2023, the Chenzhou Municipal Procuratorate indicted Tang Jiaoxiang on the charge of fraud.

The Chenzhou Intermediate People's Court ascertained through trial that since 2010, the defendant Tang Jiaoxiang had borrowed money from his relatives, friends, classmates, and depositors in his personal name on the grounds that he needed capital turnover to set up a factory and operate a home textile store. After 2013, the capital chain of his personal financing was broken and he was unable to repay the principal and interest, but Tang Jiaoxiang still concealed the fact that he could not repay the principal and interest of the loan, and still borrowed from others.

According to the judicial documents, after verification, Tang Jiaoxiang had 100,000 yuan of shares in Xinerle Home Textile Store (Fuanna) in Linwu County, which was operated by Tang, and no longer owned shares after liquidation in 2018; Since 2015, Tang Jiaoxiang has successively invested in Houjin Building Materials Company in Foshan City, Guangdong Province, which was closed in September 2019 due to poor management.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Criminal verdict of the Chenzhou Intermediate People's Court (partial). Photo courtesy of the interviewee

The court ascertained that Tang Jiaoxiang still borrowed money from others on the grounds that the operating company and the home textile store needed capital turnover until the case was discovered, even though she no longer had shares in the home textile store and the related company had been closed.

Tang Jiaoxiang's borrowing behavior from 2010 to 2013 was not found to be a crime. The court found that the time of the fraud was from 2014 to 2022.

After appraisal, from September 2014 to January 2022, Tang Jiaoxiang received a total of 42505033 yuan of principal from the 204 lenders who later reported the case, and after returning part of the principal and paying part of the interest, the lenders who reported the case actually lost 28549224 yuan.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

A notice of appraisal opinion issued by the police. Photo courtesy of the interviewee

According to the detailed list of funds verified by the judicial organs, most of the 204 victims lent Tang Jiaoxiang tens of thousands to hundreds of thousands of yuan, with the largest amount being Huang Rongju's more than 4.22 million yuan and Yang Xiuqun's 10,000 yuan; Luo Meiyan and Tang Yue, among the victims, borrowed money from Tang Jiaoxiang by swiping their credit cards; The 24,000 yuan lent to Tang Jiaoxiang by local villager Cao Jieyue was saved by her for many years of raising pigs and growing vegetables. These hard-won money went into Tang Jiaoxiang's pocket.

The Chenzhou Intermediate People's Court held that Tang Jiaoxiang, for the purpose of illegal possession, concealed the truth that her investment failed and her capital chain was broken, so that she could not repay the principal and interest of the loan, and fabricated facts to defraud others of their property, the amount of which was particularly huge, and her conduct constituted the crime of fraud. The court also pointed out that Tang Jiaoxiang's refusal to return her illegal gains after the case was discovered, and the circumstances of the crime were particularly heinous and the consequences were particularly serious, and she should be severely punished.

In September 2023, the Chenzhou Intermediate People's Court made a first-instance judgment, convicting the defendant Tang Jiaoxiang of fraud and sentencing her to life imprisonment, deprivation of political rights for life, and confiscation of all personal property; Continue to recover Tang Jiaoxiang's illegal gains and return them to the victims.

According to Tang Jiaoxiang's brother-in-law, Tang Jianping, after the first-instance verdict, Tang Jiaoxiang did not appeal and is currently serving her sentence in Hunan Women's Prison.

Difficult to recover losses: The bank claimed that the acts involved in the case were personal acts

After Tang Jiaoxiang was sentenced, the victim was most concerned about whether the losses of the deceived could be recovered.

Guo Yizhang, who advocated "handling according to legal procedures", filed a civil lawsuit against Tang Jiaoxiang in January 2022, demanding that she return the loan and pay interest, but the Linwu County Court ruled to reject it; In December 2021, the victim, Tang Guoxin, sued Tang Jiaoxiang and won, but the court ruled to terminate the execution a few months later. It is understood that since November 2021, the Linwu County Court has accepted a total of 38 private lending dispute cases with Tang Jiaoxiang as the defendant. The court believed that Tang Jiaoxiang was suspected of fraud and transferred the case to the public security organs.

After the Linwu County Public Security Bureau filed and investigated Tang Jiaoxiang's case, the court rejected all the civil cases in which the lender sued Tang Jiaoxiang in accordance with the principle of "criminal first, then civil" and relevant regulations.

The Chenzhou Intermediate People's Court's judgment on Tang Jiaoxiang's fraud case includes the disposal of illegally obtained property: continue to recover more than 28.54 million yuan of Tang Jiaoxiang's illegal gains, and return the seized property to the victim in proportion after disposing of it in accordance with the law, and continue to recover the insufficient part.

During the interview with The Paper reporter in Linwu, the victims interviewed all reported that they had not received the defrauded money since the court judgment in September last year. "We didn't receive a penny." Tang Guoxin said.

The illegal gains of Tang Jiaoxiang's fraud case were recovered and executed by the Chenzhou Intermediate People's Court designated by the Linwu County Court. On May 11, The Paper reporter came to the Linwu County Court with Tang Guoxin and others to learn about the progress of recovering Tang Jiaoxiang's illegal gains.

"The police gave us a transfer form, but there was no property in it. The car is not hers, and the house is not hers. Cao Haoyu, deputy director of the Law Enforcement Bureau of the Linwu County Court, said that he had gone to a calcium carbonate company to investigate some time ago, and did not find that Tang Jiaoxiang had shares.

"Now that we have frozen Tang Jiaoxiang's account, she has a little deposit, and this deposit is really small." Cao Haoyu told Tang Guoxin and others that he would go to other places to continue to investigate Tang Jiaoxiang's property clues in the next step, but it does not seem optimistic at present.

A number of victims believe that in the case of Tang Jiaoxiang's fraud, her work unit is responsible for the lack of supervision.

"She has been committing fraud in the bank for so many years, why didn't the bank notice it?" Zeng Qingbao, a representative of the victims, said. The 81-year-old has carefully studied the Civil Code and believes that Article 1191 applies to the case: if a staff member causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability; After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

However, the bank clearly pointed out that Tang Jiaoxiang's behavior involved in the case was her personal behavior.

In April 2023, Lei Fang, the victim's representative, reported Tang Jiaoxiang's violations of law and discipline to the bank's regulatory department. According to the "Notice of Petition Matters" issued by the Chenzhou Banking and Insurance Regulatory Bureau, the bureau transferred Lei Fang's petition matters to the Chenzhou branch of the Postal Savings Bank.

In May of that year, the Chenzhou branch of the Postal Savings Bank replied to the victim in writing that the funds involved in the case had gone into the personal accounts of Tang Jiaoxiang or her relatives, and that no funds had entered the Postal Savings Bank accounts, "This is a personal fund dispute between you and Tang Jiaoxiang, and has nothing to do with the Postal Savings Bank."

"If you believe that the Postal Savings Bank is responsible for your losses, you can claim your rights and interests through civil litigation after the conclusion of Tang Jiaoxiang's criminal case." The Chenzhou branch of the Postal Savings Bank said: "Our bank will definitely assume the responsibility determined by the final judgment of the court. ”

Whether the bank should be held responsible: The local government will organize pre-litigation mediation

For the follow-up handling of Tang Jiaoxiang's fraud case, the local relevant departments have intervened and coordinated many times.

In January 2024, the Political and Legal Committee of the Linwu County Party Committee sent a letter to the Linwu County Branch of the Postal Savings Bank, requesting the bank to do a good job in relevant work, conduct an internal investigation into Tang Jiaoxiang's official seal and sign a loan agreement at the business premises, and strengthen the internal supervision and management of employees to strictly prevent such incidents.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Postal Savings Bank Linwu County Branch.

In order to understand the situation, on May 10, the surging news reporter contacted Sun Kai, president of the Linwu County Branch of the Postal Savings Bank of Shanghai. On the phone, Sun Kai said that the interview needs to be approved by the city branch.

On May 13, the surging news reporter came to the Chenzhou branch of the Postal Savings Bank and found Tang Wei, secretary of the party committee and president of the bank, in the office. After the reporter revealed his identity and explained his intentions, Tang Wei said: "We all act in accordance with the law. We will do what the court decides. ”

The reporter then asked: In the case of Tang Jiaoxiang, is the bank responsible for management? After hearing this, Tang Wei immediately stood up, asked the reporter to leave, and said to the staff at the door: "Call the security guard to come and ask him to go down!" ”

After that, the surging news reporter found Zhou Jianping, general manager of the bank's legal and compliance department. "We've done a lot of work." Zhou Jianping said: "You (the victim) went to the court to file a lawsuit, and the court ruled that we were responsible, and if we were asked to pay money, our bank would pay us." ”

In the interview, Tang Guoxin, a representative of the victims, said that considering the cost of litigation and the fact that most of the victims were elderly people who did not know much about the law, there were still people who did not sue the bank in court.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Some of the victims in this case.

On the issue of the "official seal" -- the seal that Tang Jiaoxiang stamped on the IOUs of Huang Rongju, Zhou Mei and others was the "Linwu County Post Office Central Postal Savings Office", and after the incident, Tang Jiaoxiang confessed to the police that the seal "is the seal of the office, not my personal private carving." On May 14, He Weihua, general manager of the Chenzhou branch office of the Postal Savings Bank, said, "There is no such seal in the sequence of our seal management. He said: "It is not easy to define whether this chapter was carved by her privately." But we definitely don't have this chapter. ”

At present, the loss of 28.54 million yuan of 204 victims of Tang Jiaoxiang's fraud case is difficult to recover. As Tang Jiaoxiang's work unit, should the Postal Savings Bank bear certain civil liability? The Paper reporters interviewed a number of legal professionals.

The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

Postal Savings Bank Chenzhou Branch's reply to the victim (partial). Photo courtesy of the interviewee

Liu Jun, an associate researcher at the Law School of East China University of Political Science and Law, believes that whether the bank bears the tort liability of the employer mainly depends on whether Tang Jiaoxiang's behavior constitutes an act of performing duties.

"From the perspective of whether the bank bears contractual liability, if the depositor has reason to believe that Tang borrowed money in the name of the unit, which constitutes an act of duty, the bank should bear the responsibility for repayment; If the depositor knew or should have known that Tang was borrowing money for personal business, and the IOU showed that it was his personal act, it would be difficult for the bank to hold the bank liable. Liu Jun said that the circumstances of the more than 200 victims in this case "borrowing" are different, and they should be analyzed according to specific facts.

Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, analyzed whether Tang Jiaoxiang's act of issuing an IOU is an act of duty can be judged according to her identity, place and content of the IOU when she issued the IOU.

Liu Kai believes that in this case, Tang Jiaoxiang has been the person in charge of the branch for a long time, and the IOUs were issued by her in the office or bank business premises, and a small number of IOUs were also stamped, "then her borrowing behavior has the appearance of an act of duty, and if it is determined to be an act of duty, then the bank should bear the responsibility of repayment."

Li Youde, a lawyer at Hunan Jianzheng Law Firm, believes that the money lent by the victim in this case went into Tang Jiaoxiang's personal account or the account of her designated relatives, and did not enter the bank account, so it is difficult to determine that Tang Jiaoxiang's borrowing from others was an act of professional agency or apparent agency.

However, Li Youde also pointed out that Tang Jiaoxiang, as a bank staff, has continued to commit fraud in bank premises for many years, resulting in the loss of the interests of many depositors, and there are obvious regulatory loopholes in the bank. As a result, the bank and Tang Jiaoxiang may constitute "joint infringement".

"Tang should have actively and actively constituted infringement, and the bank may have passively and inacted to constitute infringement. One is intentional and the other is negligible, and the combination of the two causes losses to depositors. Li Youde said that according to Article 1172 of the Civil Code, if the bank is found to be one of the subjects of joint infringement, it should bear the share liability for joint infringement.

At present, it seems that determining whether the bank should bear the corresponding civil liability is the key to solving the follow-up problems of Tang Jiaoxiang's fraud case.

On May 12, Cao Jianfei, deputy secretary of the Political and Legal Committee of the Linwu County Party Committee, who has coordinated the handling of the matter many times, told The Paper that the next step will be to organize relevant parties to discuss and the court will conduct pre-litigation mediation.

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  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president
  • The metamorphosis of the female "president": 8 years of defrauding depositors and other tens of millions of people was sentenced to life When he was the lobby manager, he claimed to be the president

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