As the "Kommersant", the representatives of Sberbank challenged as excessively mild sentence imposed recently Presnensky court of Moscow businessman Igor Mikhailushkin. Nine years ago, he took from the bank and did not return the loan in the amount of 160 million rubles. Businessman fully admitted his guilt and as a result received three years probation. Meanwhile, to collect money from him to the credit institution and failed. Sberbank's lawyers insist that prescribe a conditional sentence in such a situation can not, including because the sentence and could push others to commit fraud with credit.

As stated in the materials of the investigation, with the application for the opening of a credit line CEO and owner of capital LLC "Komplektspetsstroysistema" Igor Mikhailushkin turned Krasnopresnensky Branch of the Savings Bank in July 2007. Businessman asked for 192 million rubles. to "increase of current and non-current assets" of his enterprise, is engaged in manufacturing of building materials. As collateral Mikhailushkin was provided Masa company system for the production of "articles of lightweight and heavy concrete" owned "Komplektspetsstroysistemy". As a result, the loan was agreed, however, on a somewhat smaller amount - 160 million rubles. under 12% per annum, maturing in early 2009. From August to October 2007, the entire amount has been transferred several installments to the account of Mr. Mikhailushkin. His firm has made some payments on the loan, but then ceased to serve.

According to some reports, at the same time "Komplektspetsstroysistema" virtually ceased operations. At the same time it became clear that the equipment that was to be the collateral for the loan, is actually owned by another company, and documents about his identity "Komplektspetsstroysisteme" are fake. "Sberbank" The representatives appealed to the Department of Internal Affairs for the Central Administrative District of Moscow, which has opened a criminal investigation into the "fraud on a large scale" (para. 4, Art. 159 of the Criminal Code) in May 2010. Initially Igor Mikhailushkin passed on him a witness. While investigations were carried out slowly, she turned to Sberbank Savelovsky brought a civil action for debt collection, which has been satisfied in full. the enforcement proceedings were instituted, but to recover from Igor Mikhailushkin could not do anything - because of his lack of funds and property.

Investigation of the criminal case has intensified after Sberbank lawyers visited on a personal reception at the head of the investigative department of the Ministry of Interior Alexander Savenkov (recently dismissed). In August this year in the case file there was first accused - now its outstanding non-performing Igor Mikhailushkin. He was eventually charged with "fraud in lending, committed on a large scale" (para. 4, Art. 159.1 of the Criminal Code). At first, according to "Kommersant", the ex-head of "Komplektspetsstroysistemy" partially admitted guilt. But later, once free under house arrest, Mr. Mikhailushkin asked for a special order of consideration of his case in court, which means full recognition of guilt and remorse.

As a result, the case was split into two parts: an investigation against some "unidentified accomplices consequence" continues, and the case of Igor Mikhailushkin in one day has been considered in the Presnensky court. The prosecutor asked for the debate to sentence the defendant to three years in prison suspended, asked for mercy, and he 51-year-old Igor Mikhailushkin indicates the available to him and his wife's illness, the presence of children and elderly parents. Lawyer Alexei Pozdnyakov, representing the Savings Bank as the injured party, took a different position.

"Determination of the sentence, we left to the discretion of the court, but insisted on a real deprivation of liberty" - said "Kommersant" lawyer. According to him, there is no evidence that in the nine years Igor Mikhailushkin made at least one attempt to pay for the resulting credit. Meanwhile, as noted by Mr. Pozdnyakov, in addition to the sentence the purpose of punishment for crime and corrections, and the attacker must have a certain educational function. He recalled that under "fraud" to real imprisonment sentence in a special manner, even when it comes to a lot less damage.

"Given that the stolen money is not returned, such light sentences can be said to encourage a desire in others to commit the same acts", - says Alexey Pozdnyakov. He noted that due to the "softness and disproportionate" punishment sentence has already appealed to the Moscow City Court, but the review date has not been set.