2024-05-17 09:37:23
The Hunan model of Showdown between Gods and Ghosts! A financial institution president who defrauded 190 million yuan over eight years was sentenced to life with out reimbursement. The picture reveals Tang Jiaoxiang’s picture taken when she dedicated the crime in 2021. (Photograph/The Paper/Offered by interviewee)
The newspaper reported on the sixteenth that Tang Jiaoxiang, who had labored for a few years because the president of the Hunan Linwu Put up Workplace Financial savings Financial institution department, used her id to defraud 204 lenders, primarily financial institution depositors, of greater than 42.5 million yuan (RMB, RMB). see beneath, roughly) over the previous eight years (totaling NT$187 million), has been sentenced to life in jail for fraud and is serving his sentence in jail. Nonetheless, the victims truly misplaced greater than NT$28.54 million, and none of this quantity was misplaced. been recovered to date.
Tang Jiaoxiang, born in 1966, has been president of the Dongyun Highway department of Postal Financial savings Financial institution of China (PSBC) in Linwu County, Hunan Province since 2012. After retiring in 2015, he was rehired to function president of the identical department till his place change in 2017. This department is an “outsourced foyer supervisor”.
The court docket discovered that from September 2014 to January 2022, when Tang Jiaoxiang labored on the Postal Financial savings Financial institution of China, she used excessive rates of interest as bait, fabricated funding info and affairs, hid the reality that she was unable to repay the mortgage, and informed family, mates, classmates, depositors, and so on. The mortgage quantity concerned exceeded 42.5 million yuan, of which the lender truly misplaced greater than 28.54 million yuan. There have been 204 victims, most of whom had been depositors of Tang Jiaoxiang’s financial institution.
In Tang Jiaoxiang’s fraud case, judicial authorities found solely a small quantity of unlawful positive factors and greater than 200 debtors suffered irreparable losses. Many victims imagine that banks ought to assume civil legal responsibility for lack of supervision.
The newspaper reported that the sufferer claimed that he initially lent cash to Tang Jiaoxiang as a result of he believed in her standing as “president” and that the “borrowing” was made solely from the financial institution. Tang Jiaoxiang additionally put the official seal of the “Linwu County Central Postal Financial savings Bureau” on the IOUs issued to some victims.
“Once I noticed his official seal and signature, I felt relieved,” mentioned Huang Rongju, the sufferer who was defrauded of greater than 4.22 million yuan, the best quantity. Based on Tang Jiaoxiang’s confession, the seal concerned within the case was not carved by her in personal. Nonetheless, the individual accountable for the Chenzhou Postal Financial savings Financial institution department mentioned: “We would not have this seal in our seal administration sequence.
The newspaper reported that “all of us act in line with the legislation. Tang Wei, president of the Chenzhou department of the Postal Financial savings Financial institution, mentioned: “We are going to do regardless of the court docket decides.” Tang Wei declined to touch upon whether or not the financial institution. has regulatory tasks.
The competent individual accountable for the Political and Authorized Affairs Fee of the Linwu County Get together Committee mentioned the subsequent step will probably be to carry consultations between the events concerned and ask the court docket to conduct pre-litigation mediation.
At current, the 28.54 million yuan misplaced by the 204 victims of Tang Jiaoxiang’s fraud case is troublesome to recuperate. As Tang Jiaoxiang’s office, ought to Postal Financial savings Financial institution bear sure civil tasks?
The newspaper stories that Liu Jun, an affiliate researcher on the Faculty of Legislation of East China College of Political Science and Legislation, believes that whether or not the financial institution bears the employer’s tort legal responsibility primarily is determined by whether or not whether or not Tang Jiaoxiang’s habits constitutes the train of his duties.
Liu Kai, a lawyer at Zhongwen (Changsha) Legislation Agency in Beijing, analyzed that whether or not Tang Jiaoxiang’s act of issuing an IOU is an official act might be judged based mostly on its id and the place the place it issued the acknowledgment of debt and the content material of the acknowledgment of debt.
Liu Kai believes that on this case, Tang Jiaoxiang has been the pinnacle of the department for a very long time and the IOUs had been issued by her in her workplace or within the enterprise premises of her financial institution, and a small variety of IOUs of debt had been stamped “Then his mortgage.” This habits has the looks of official habits. Whether it is acknowledged as official habits, then the financial institution should take accountability for reimbursement. “
Li Youde, a lawyer from Hunan Jianzheng Legislation Agency, believes that the cash lent by the sufferer on this case went to Tang Jiaoxiang’s private account or his designated relative’s account, and due to this fact didn’t enter into Checking account. decide that Tang Jiaoxiang’s borrowing from others was an official agent or an obvious agent.
Nonetheless, Li Youde identified that there are apparent regulatory loopholes in banks. The financial institution and Tang Jiaoxiang might represent a “joint offense”.
“Tang ought to have dedicated the offense actively and proactively, whereas the financial institution might have dedicated the offense passively and thru inaction. One was intentional and the opposite was intentional. The mix of the 2 brought regarding losses to depositors, mentioned Li Youde, mainland.” China The Civil Code stipulates that if a financial institution is recognized as one of many topics of joint infringement, it can bear accountability.
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