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Two criminal verdicts published recently revealed that two bank account managers used their positions to help intermediaries apply for loans, and both were convicted of the crime of accepting bribes as non-state employees. They were sentenced to seven months and six months in prison, respectively, with one year of probation. One of the account managers was an employee of a certain center of China Merchants Bank, and he received Alipay transfers from loan intermediaries many times, totaling 170,000 yuan.

△China Merchants Bank.

According to the verdict, Tang was born in February 1987, has a college education, and is a customer manager at a certain center of China Merchants Bank. He was released on bail in April 2023 on suspicion of committing the crime of accepting bribes as a non-state employee.

The Changning District Procuratorate filed a public prosecution with the local court in May 2024, accusing Tang of using the convenience of reviewing materials to help loan intermediary Zhao and his clients apply for loans while serving as a customer manager of a certain center of China Merchants Bank from December 2018 to January 2023, and accepting more than 170,000 yuan in Alipay transfers from Zhao on multiple occasions. In April 2023, Tang was arrested by the police and truthfully confessed the above facts after being brought to justice. After the incident, Tang returned all illegal gains.

The Changning District Court applied simplified procedures in accordance with the law, implemented a single-judge trial, and tried the case in an open court. The court held that Tang, as a bank employee, took advantage of his position to illegally accept money and property from others and seek benefits for others in large amounts, constituting the crime of bribery by non-state employees. After Tang was arrested, he truthfully confessed his crimes and voluntarily pleaded guilty and accepted punishment, and was given a lighter punishment. After the incident, Tang returned the relevant illegal gains and was given a lighter punishment as appropriate.

△The verdict shows that Tang is a customer manager of a certain center of China Merchants Bank.

The court finally ruled that Tang committed the crime of accepting bribes as a non-state employee and sentenced him to seven months in prison, suspended for one year, and fined him 30,000 yuan. The probation period will be calculated from the date of the final judgment, and the 177,980 yuan seized in the case will be confiscated. The court also reminded Tang that after returning to the community, he should abide by laws and regulations, obey supervision and management, receive education, complete public welfare work, and be a citizen who benefits society.

Another verdict did not disclose the specific bank where the relevant personnel worked. According to the verdict, Xie was born in 1992, had a college education, and was a customer manager of a certain development zone branch of a certain company. In April 2023, he was released on bail pending trial by a certain bureau on suspicion of bribery by non-state employees. In April 2024, the Xuhui District Procuratorate of Shanghai decided to continue his bail pending trial.

In June 2024, the Xuhui District Procuratorate filed a public prosecution with the local court, alleging that since July 2016, Xie had served as a teller at a third-level branch, an assistant to a personal account manager, and a corporate account manager in the Development Zone Branch, responsible for marketing and recommending loan business, collecting and transferring, and preliminary review of loan application materials. During this period, Xie used his position to help loan intermediaries Wang and Qin in the process of submitting applications and reviewing materials, and received a total of 80,000 yuan in benefits from the two.

In April 2023, Xie was arrested in Pudong New Area. After being brought to justice, he truthfully confessed to the above criminal facts and returned all illegal gains.

△The prosecution’s accusation against Xie.

Xie had no objection to the facts, evidence and charges of the prosecution, agreed to apply the simplified procedure, signed a pledge, and had no objection during the trial. The defense lawyer had no objection to the characterization and facts, and proposed that Xie was a first-time offender, confessed, voluntarily pleaded guilty and accepted punishment, had returned illegal gains and prepaid a fine deposit, had no bribery, was not directly involved in forging false materials, and that there were loopholes in the bank's internal management, and suggested that he be given a lighter punishment and a suspended sentence.

The court held that Xie, as a company employee, used his position to illegally accept money and property from others and seek benefits for others, and the amount was large, constituting the crime of bribery by non-state employees. Xie was able to truthfully confess his crimes after being arrested, so he can be given a lighter punishment. Xie is a first-time offender, has returned the illegal gains, and voluntarily pleaded guilty and accepted punishment, so he will be given a lenient treatment.

Xie was eventually sentenced to six months in prison, suspended for one year, and fined RMB 10,000 for the crime of accepting bribes as a non-state employee. The court also reminded Xie that he should abide by laws and regulations in the community, obey the supervision and management of the community correction agency, receive education, complete public welfare work, and be a citizen who benefits the society.

Coordinated by/Xinxiangcai Article by/Xiangcai Plus

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