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No. 4 of Six Model Cases regarding Investigation into Financial Crimes Published by the Supreme People's Procuratorate: People v. a Wine Co., Ltd. and Peng （Case about dispute over obtaining loans by fraud）
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最高人民检察院发布6起依法查处金融犯罪典型案例之四：某酒业有限公司、彭某骗取贷款案
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No. 4 of Six Model Cases regarding Investigation into Financial Crimes Published by the Supreme People's Procuratorate: People v. a Wine Co., Ltd. and Peng （Case about dispute over obtaining loans by fraud）
（Case about dispute over obtaining loans by fraud）
最高人民检察院发布6起依法查处金融犯罪典型案例之四：某酒业有限公司、彭某骗取贷款案
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| No. 4 of Six Model Cases regarding Investigation into Financial Crimes Published by the Supreme People's Procuratorate: People v. a Wine Co., Ltd. and Peng for Obtaining Loans by Fraud | | 最高人民检察院发布6起依法查处金融犯罪典型案例之四：某酒业有限公司、彭某骗取贷款案 |
| In October 2012, a bank and the defendant entity, a wine Co., Ltd. of Shanghai Municipality (hereinafter referred to as the “wine company”), concluded a Cooperative Agreement on Installment Overdrafts by Using Purchasing Cards. Both parties agreed on that under the premise that the wine company made a commitment on the joint and several liability guarantee, the bank provided borrowers who purchased the wine company's products and had demands for payment by installment with loans for paying such products. From November 2012 to April 2013, as the actual person in charge of the wine company, defendant surnamed Peng fabricated the identities of 18 persons as vendors of the wine company, forged the relevant identity certificates, purchase and sale contracts, trade confirmation requisitions, and other materials, and obtained bank loans of over 20.18 million yuan by fraud. Until the occurrence of the case, he was still unable to pay over 10.53 million yuan, causing especially heavy losses to the bank. | | 2012年10月，某银行与被告单位上海某酒业有限公司（以下简称酒业公司）签订《采购卡分期透支业务合作协议》，双方约定在酒业公司提供连带责任担保承诺的前提下，由银行为购买酒业公司产品且有分期付款需求的借款人提供贷款用以支付产品款项。2012年11月至2013年4月期间，被告人彭某作为被告单位酒业公司的实际负责人，虚构18人系酒业公司购货商的身份，伪造相关身份证明、购销合同、交易确认请款单等材料，骗取银行贷款人民币2018万余元，至案发尚有人民币1053万余元无力偿还，造成银行特别重大损失。 |
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