Will banks be punished if they collude inside and outside the bank to forge signed loans and the judicial appraisal is not signed by themselves?
Will the bank be punished for colluding inside and outside the bank to forge a signed loan, and the judicial appraisal is not signed by myself? This is a major case and the bank is bound to be punished. First of all, let's understand a term: fake loan. Fake loan refers to the behavior that employees of banks and other financial institutions take advantage of their positions to implement loans in the name or fictitious name of others (or units), use their powers to coerce others (or units) to make loans, intercept all or part of loans or misappropriate them for personal use. There are mainly four forms: top name loan, fake name loan, fake name loan and fake name loan.
first, the bank employees colluded inside and outside and forged their signatures, which was suspected of "the crime of illegally issuing loans". The crime refers to: the staff of banks or other financial institutions issue loans in violation of state regulations, which is huge or causes great losses. If the amount is especially huge or especially heavy losses are caused, it shall be sentenced to more than five years and a fine of more than 2, yuan and less than 2, yuan. Second, bank executives have management responsibilities. This case has been involved in a criminal case, which is not an ordinary violation of banking business, but belongs to the management responsibility of bank management. Therefore, the CBRC will punish the bank executives according to the nature of the final case.
the crime of illegally issuing loans refers to the behavior that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, or issue loans to others other than related parties, causing heavy losses. Among them, the violation of the provisions of relevant laws and administrative regulations refers to the violation of the provisions of all laws or administrative regulations on credit management, such as the Commercial Bank Law, the Guarantee Law, the General Principles of Loans, the Measures for the Administration of Loan Certificates, the Measures for the Administration of Credit Funds, and the Contract Law. Fake loans at least violate the provisions of the General Principles of Loans and the Law on Commercial Banks, so this crime cannot be escaped.
the definition of this crime: the crime of illegally issuing loans refers to the fact that the staff of banks or other financial institutions issue loans in violation of state regulations, and if the amount is huge or heavy losses are caused, they shall be sentenced to not more than five years or criminal detention and fined not less than 1, yuan but not more than 1, yuan; If the amount is especially huge or especially heavy losses are caused, it shall be sentenced to more than five years and a fine of more than 2, yuan and less than 2, yuan.
What is a loan under a false name and what is a loan under a false name? The difference
The difference is whether the borrower agrees to let you use his name to make a loan. The main difference between fake loans and fake loans: fake loans are not known by the user himself, but the user needs to bear the repayment responsibility; Borrowing a loan by name means that the user himself knows, and the other party uses the user's name to apply for a loan, so both parties need to bear the responsibility of repayment. In essence, the plot of borrowing money is more serious. In addition, whether it is a fake loan or a fake loan, the user himself will have to bear the repayment responsibility, so that the user will suffer financial losses.
one is that the party who colludes with the used name is jointly and severally liable. One is that the party whose name is used is the injured party and will not be jointly and severally liable. The former two people * * * bear the responsibility, and the latter assumes the responsibility as an impostor. Morally speaking, the circumstances of the former are more serious. If you don't do it in person, for example, if the signature is not your handwriting, in this case, you can complain that it is not your loan, so you refuse to repay the loan, and you don't need to bear the responsibility. This bank should bear the responsibility of lax audit and mistakes.
The nominal borrower is inconsistent with the actual user of the loan:
First, the loan is an impostor. When some rural small and medium-sized financial institutions handle farmers' loans, they fictionalize or take improper measures to obtain loans by using the personal information of the nominal borrowers without their knowledge. For example, without Li's knowledge, Cao used Li's ID card and seal to handle an impostor loan of 5, yuan in rural credit cooperatives. The second is borrowing loans. With the consent of the nominal borrower and relevant personal information, the borrower obtains multiple loans in the names of multiple borrowers and obtains a larger loan amount. Such problems are more prominent. For example, in 27 rural credit cooperatives in 13 counties (cities, districts) of a city, such loans account for 86.37% and 79.73% of the total number and total amount of counterfeit loans in this area. The third is a pseudonym loan. The internal management of some rural credit cooperatives is chaotic, and in order to complete the task of collecting interest, the borrower's name and personal credit information are fabricated and illegal loans are made. For example, in order to complete the task of loan interest income, the loan officer invented the names of five people and forged personal information to collect interest on five loans of 93,5 yuan, which was directly transferred to the interest income subject after the loan, thus inflating the loan interest income of 93,5 yuan.
Is it useful to report to the police for being impersonated by an online loan?
It is useful to report to the police for being impersonated by an online loan, and you must choose to report to the police at the first time once you encounter this situation, so as to better protect your legitimate rights and interests.
The so-called bogus loan means that I didn't apply for a loan, but someone else applied for a loan in my own name. The main forms of bogus loan are: top name loan, fake name loan, fake name loan and fake name loan. In short, it is the behavior that the lender uses someone else's name or information to borrow money without his real name, and does not intend to pay it back after the loan is successful, which is called impersonation loan. When they find that an impostor applied for a loan and caused a bad stain after the deadline, the parties concerned may file an objection application with the bank that handled the loan. After investigation and verification by the bank, if it is really an impostor loan, the loan issuing bank will eliminate the bad credit record; You can also file an objection application or complaint with the local people's bank. When this situation is discovered, we must deal with it in time and eliminate our bad credit stain as soon as possible. Therefore, once the identity information is found to be stolen from the loan, we should immediately find the personnel of the relevant departments to eliminate the bad credit records in a short time, and use the law to safeguard our personal legitimate rights and interests when necessary.
Many people have never thought of how they got a fake loan. In fact, the reason is very simple. It is very likely that they didn't pay attention to protecting their privacy at ordinary times, so they were stolen by others. For example, some people will easily reveal their ID card photos online, which is very dangerous, because the online loan review conditions are relatively relaxed now, so once their personal information is revealed, it will be easily used by others. You must always keep a vigilant heart. Once someone borrows your ID card or asks for other private information, you must be very cautious. Don't give your information to others casually, otherwise it is likely to reveal your information and give criminals an opportunity, which will lead to property losses.
My brother-in-law's bank credit is not good. He wants to borrow money in my daughter-in-law's name and use the real estate license in his name as collateral?
you'd better not. His poor credit reporting indicates his poor solvency. Using your home information to borrow money is still unclear. In the end, although his house will be used to pay off debts, it will be recorded in your information file. I really don't recommend doing this. First of all, even if the real estate is finally used to repay the loan, your daughter-in-law's credit information will be affected, which will directly affect your family's financing activities in the future, and you may not be able to get any more loans in the future. Secondly, I am afraid that your brother-in-law will do something with the house again, or if the house can't pay off all the loans, the repayment obligation will fall on you, which is even more serious. Finally, this is actually an illegal act, and it is a crime to be suspected of defrauding bank loans. Generally speaking, we only suggest that spouses, parents and children, who have immediate family members with the same interest, can do it, and brothers can't.
Lending in the name of others:
1. It may constitute a crime of defrauding loans, or a crime of lending (depending on the subjective purpose)
2. The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances.
3. Although the criminal subject of the loan crime is a general subject, if the staff of a bank or other financial institution take advantage of their position to defraud loans by using other people's names or fictitious pseudonyms, they cannot be convicted and punished for the loan crime. In practice, fake loans mainly include "top name loans", "fake name loans", "fake name loans" and "fake name loans". If the staff of a bank or other financial institution obtains a loan by the above-mentioned fraudulent means and illegally occupies or uses the loan for other purposes, they shall be convicted and punished according to the provisions of the Criminal Law on crimes of embezzlement, embezzlement of public funds or misappropriation of funds.
The mortgage loan process is as follows:
1. The applicant first confirms that the house has not been registered for mortgage.
2. The applicant submits an application for housing mortgage loan to the relevant registration department of the bank.
iii. the applicant submits the required information to the bank.
4. The bank will review the information and appoint an appraisal company to evaluate the house after it is qualified, so as to determine the loan amount.
5. The bank checks the original ID card, household registration book and marriage certificate.
VI. Original list of houses that have been sold and registered for transfer as determined by the mortgagor.