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No. 5 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. Wang [REDACTED] for Misappropriating Public Funds, Accepting Bribes, Offering Bribes, Offering Bribes to Non-state Functionaries, and Illegally Granting Loans — Punishing the crime of misappropriating public funds by fraudulent wealth management means in accordance with the law
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五:王某挪用公款、受贿、行贿、对非国家工作人员行贿、违法发放贷款案——依法惩处以虚假理财手段挪用公款犯罪
【法宝引证码】
  • Legal document: Judgment
  • Procedural status: Trial at First Instance
 
  
No. 5 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. Wang [REDACTED] for Misappropriating Public Funds, Accepting Bribes, Offering Bribes, Offering Bribes to Non-state Functionaries, and Illegally Granting Loans 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五:王某挪用公款、受贿、行贿、对非国家工作人员行贿、违法发放贷款案
— Punishing the crime of misappropriating public funds by fraudulent wealth management means in accordance with the law ——依法惩处以虚假理财手段挪用公款犯罪
[Basic Facts] 【基本案情】
From October 2012 to December 2019, by taking advantage of his positions as vice president and president of a branch of [REDACTED] Bank with state-owned equity participation, in collusion with Li [REDACTED], Gao [REDACTED], Xie [REDACTED], and others, and in the process of handling wealth management products or fixed deposits for clients, and other business, defendant Wang [REDACTED]issued false wealth management agreements and fixed deposit account certificates to 22 entities including [REDACTED] Technology Company. He misappropriated the wealth management funds and fixed deposits that should have been deposited into [REDACTED] Bank by those entities, either directly or through multiple company accounts actually controlled by Wang [REDACTED], transferred them to Beijing [REDACTED] Company and other entities for profit-making activities, and charged high interest rates. At the time when the crime was exposed, a total of over 1.77 billion yuan in principal and interest remained unreturned. 2012年10月至2019年12月,被告人王某利用担任某国有参股银行支行副行长、行长职务上的便利,分别伙同李某、高某、谢某等人,在为客户办理理财产品或定期存款等业务过程中,向某科技公司等22家单位出具虚假的理财协议、定期存款开户证实书,将上述单位本应存入某银行的理财资金、定期存款直接或通过王某实际控制的多家公司账户,挪用给北京某公司等单位进行营利活动,收取高额利息。案发时,尚有本息合计17.7亿余元未退还。
It was further ascertained that in the process of misappropriating public funds, for the purpose of smoothly obtaining the funds of the investing entities, Wang [REDACTED] offered bribes in the amount of more than 16 million yuan to Di [REDACTED], an employee of the state-owned company and offered bribes in the amount of more than 53 million yuan to Gao [REDACTED] and more than 1.3 million yuan to Chen [REDACTED]. Wang [REDACTED] entrusted the misappropriated funds to Beijing [REDACTED] Company for profit-making activities and charged high interest rates. He also accepted the kickback in the amount of more than 82 million yuan from Li [REDACTED], person in charge of the Company. Since some public funds failed to be repaid subsequently, Wang [REDACTED], in collusion with the person-in-charge of the superior branch, illegally granted bank loans of more than 810 million yuan and used the above loans to fill the funding gap caused by the misappropriation of public funds. 另查明,王某在挪用公款过程中,为顺利获得出资单位资金,向国有公司人员邸某行贿1600万余元,向非国有公司人员高某行贿5300万余元、陈某行贿130万余元。王某将挪出的公款交由北京某公司用于营利活动并收取高额利息,另收取该公司负责人李某给予的好处费8200万余元。后期因部分公款无法归还,王某伙同上级分行负责人员违法发放银行贷款8.1亿余元,并将上述贷款用于填补挪用公款形成的资金缺口。
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