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No. 2 of Six Representative Cases of Legally Punishing Duty-related Crimes in the Financial Sector Jointly Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Wu [REDACTED] for Accepting Bribes, Misappropriating Public Funds, Illegally Granting Loans, and Issuing Financial Instruments in Violation of Regulations — Punishing corruption crimes in the commercial banking sector in accordance with the law
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最高人民法院、最高人民检察院联合发布6件依法惩治金融领域职务犯罪典型案例之二：吴某受贿、挪用公款、违法发放贷款、违规出具金融票证案——依法惩处商业银行领域腐败犯罪
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【法宝引证码】
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- Legal document：
Ruling
- Procedural status：
Trial at Second Instance
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| No. 2 of Six Representative Cases of Legally Punishing Duty-related Crimes in the Financial Sector Jointly Issued by the Supreme People's Court and the Supreme People's Procuratorate: People v. Wu [REDACTED] for Accepting Bribes, Misappropriating Public Funds, Illegally Granting Loans, and Issuing Financial Instruments in Violation of Regulations | | 最高人民法院、最高人民检察院联合发布6件依法惩治金融领域职务犯罪典型案例之二：吴某受贿、挪用公款、违法发放贷款、违规出具金融票证案 |
| — Punishing corruption crimes in the commercial banking sector in accordance with the law | | ——依法惩处商业银行领域腐败犯罪 |
| [Basic Facts] | | 【基本案情】 |
| Defendant, Wu [REDACTED], president of [REDACTED] State-Owned Bank. In 2016, Wu [REDACTED] colluded and agreed with He [REDACTED], general manager of [REDACTED] Company, that by taking advantage of his position, Wu [REDACTED] would issue to [REDACTED] Company a guaranteed loan in the amount of 500 million yuan and he would be given a kickback through transactions. In March 2017, with the approval of Wu [REDACTED], [REDACTED] State-Owned Bank issued a loan in the amount of 500 million yuan to [REDACTED] Company, with an annual interest rate of 8%. After the loan was issued, [REDACTED] Company held upon calculation that the project was highly profitable. Through He [REDACTED], it proposed to Wu [REDACTED] that in addition to the normal interest to be paid, Wu [REDACTED] would receive a fixed return of 9.5% per annum on the loan. Wu [REDACTED] approved such proposal and agreed with He [REDACTED] to split the money equally after they received it. Subsequently, as agreed, [REDACTED] Company transferred a total of over 142 million yuan in interest at an annual rate of 9.5% to the company account provided by Wu [REDACTED] and He [REDACTED] in three times under the guise of consulting service fees. | | 被告人吴某系某国有出资银行行长。2016年，吴某伙同某公司总经理何某商定，利用吴某职务上的便利，向某公司发放5亿元保证贷款，并以交易方式给予吴某好处。2017年3月，经吴某审批，某国有出资银行向某公司发放贷款5亿元，年利率8%。该笔贷款发放后，某公司经测算认为该项目利润较高，遂通过何某向吴某提出，除支付正常利息外，额外给付吴某贷款年利率9.5%的固定回报。吴某表示同意，并与何某约定，两人获取该款后平分。之后，某公司按约定先后三次将年利率9.5%的利息共计1.42亿余元以咨询服务费的名义转入吴某、何某提供的公司账户。 |
| It was further ascertained that defendant Wu [REDACTED] sought benefits for other relevant entities and individuals in matters such as credit approval, loan granting, issuance of performance guarantees, and corporate financing and accepted bribes offered by others in the amount of more than 132 million yuan. From 2015 to 2017, by taking advantage of his position, Wu [REDACTED] misappropriated the funds of [REDACTED] State-Owned Bank in the amount of 508 million yuan for personal use or lent it to others for profit-making activities. From 2011 to 2018, Wu [REDACTED] granted loans in the amount of over 501 million yuan in violation of the state regulations, causing losses of more than 30.26 million yuan. From 2015 to 2017, in collusion with others, Wu [REDACTED] promised with the letter of guarantee issued by [REDACTED] State-Owned Bank to assume the obligation of making up the principal and interest of the relevant company's loan in the amount of 300 million yuan. | | 另查明，被告人吴某为有关单位和个人在授信审批、贷款发放、出具履约保函、企业融资等事项上谋取利益，还收受他人贿赂1.32亿余元。2015年至2017年，吴某利用职务上的便利，挪用本单位资金5.08亿余元归个人使用，或出借给他人进行营利活动。2011年至2018年，吴某违反国家规定发放贷款5.01亿余元，造成损失3026万余元。2015年至2017年，吴某违反规定，伙同他人由某银行出具保函，承诺对相关公司3亿元贷款的本息承担补足义务。 |
| ．．．．．． | | ．．．．．． |
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